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Why you should get legal advice before signing an Employment Contract

  • Employment
  • 27 May, 2026
  • Employment
  • 27 May, 2026

Signing an employment contract is an important step in your career and shouldn’t be taken lightly. Whether you are starting a new role, accepting a promotion or moving into a senior executive position, the terms of your contract can have a lasting impact on your income, future career, and legal rights.

Yet many people sign their employment contracts without fully understanding what they are agreeing to. Complex legal wording, restrictive clauses, and unclear obligations can create problems long after the contract has been signed.

An employment contract review by a solicitor can help you understand your rights, identify unfair or risky terms, and negotiate stronger protections before problems arise. Laura Colebrook explains…

What Is an Employment Contract Review?

An employment contract review is a detailed legal assessment of the terms and conditions within an employment agreement. The purpose is to ensure that you understand the contract and that the terms are fair, lawful, and appropriate for the role.

Employment contracts often contain legal language that may seem straightforward at first but can have serious consequences later. A solicitor reviewing the agreement can explain exactly what each clause means and whether it could create legal or financial risks.

A review may cover:

  • Salary and bonus arrangements
  • Notice periods
  • Restrictive covenants and non-compete clause
  • Confidentiality obligations
  • Commission structures
  • Share options or equity arrangements
  • Holiday entitlement
  • Probationary periods
  • Termination rights
  • Intellectual property clauses
  • Gardening leave provisions

Why you should not sign an employment contract without legal advice

Many people assume employment contracts are non-negotiable. In reality, many employers expect some form of negotiation, particularly for professional, management, and executive-level positions.

Once a contract is signed, it can be difficult to challenge terms later. Seeking legal advice before signing gives you the opportunity to negotiate from a position of strength.

A solicitor can identify clauses that may:

  • allow the employer to change job role, working hours, pay or location
  • limit entitlement to bonuses or commission
  • create unclear performance measurements
  • affect intellectual property ownership
  • be an excessive post-employment clause to prevent you from working with another employer

Legal advice can also help you avoid disputes in the future by ensuring expectations are properly documented.

Can you as an employee negotiate employment contracts?

Yes. Many people are surprised to learn that employment contracts are often negotiable. Employers are often more willing to negotiate before the contract is signed than after employment begins. Negotiation opportunities may include:

  • Salary increases
  • Bonus guarantees
  • Reduced restrictive covenants
  • Additional annual leave
  • Flexible working arrangements
  • Remote work provisions
  • Shorter notice periods

An employment contract solicitor can help you negotiate professionally while protecting the working relationship.

What happens if you have already signed the employment contract without obtaining legal advice?

Even if a contract has already been signed, legal advice may still help. A solicitor can:

  • explain existing rights and obligations
  • assess enforceability of restrictive clauses
  • review employer conduct
  • advise on breaches of contract
  • assist with renegotiation
  • support dispute resolution

You should seek legal advice as soon as concerns or issues arise.

Clauses and terms to look out for in Employment Contracts

Restrictive Covenants

Restrictive covenants in employment contracts are one of the most important areas to review carefully. These clauses can limit what an employee may do after leaving the company.

Examples include:

  • Non-compete clauses
  • Non-solicitation clauses
  • Restrictions on contacting clients
  • Restrictions on recruiting former colleagues

Some restrictions may be enforceable, while others may be unreasonable or overly broad. For example, a clause preventing you from working in the same industry for 12 months may significantly impact future career and income opportunities. A solicitor can assess whether the restriction is likely to be enforceable and negotiate narrower wording where appropriate.

Bonus and Commission Clauses

Many disputes arise because bonus structures are poorly drafted in employment contracts or give employers broad discretion. A contract review can identify hidden risks and help you secure clearer entitlement terms. Employees should understand:

  • whether bonuses are discretionary or guaranteed
  • what performance targets apply
  • what happens if employment ends before payment dates
  • whether commission can be withheld
  • how performance is measured

Notice Periods

Notice periods in employment contracts cna affect both job security and career flexibility. Long notice periods may benefit senior employees by increasing financial protection during termination. However, they may also make it difficult to move quickly to a new employer.

Employers may also include clauses allowing payment in lieu of notice or immediate garden leave. A solicitor can explain how these provisions operate in practice and whether they are balanced.

Intellectual Property Clauses

Many contracts contain intellectual property clauses stating that work created during employment belongs to the employer.

This can become complicated if you:

  • develop a side business
  • create software or inventions
  • produce creative content
  • work in technology or research industries

You should therefore understand exactly what rights you may be giving away.

Flexibility Clauses

Some employment contracts incorporate flexible working which might not suit an employee, by allowing employers to change:

  • working hours/ shift times
  • job responsibilities
  • work locations
  • reporting structures

While some flexibility is normal, overly broad clauses can create uncertainty and reduce job security. A legal review can determine whether these terms are reasonable.

Executive Employment Contract Reviews

Senior executives, management and high-income professionals often face additional legal and financial risks. Executive employment contracts may include:

  • Share options
  • Deferred compensation
  • Long-term incentive plans
  • Confidentiality obligations
  • Enhanced restrictive covenants
  • Regulatory obligations
  • Clawback provisions

These agreements are usually more heavily negotiated and can involve significant financial consequences. A solicitor can help negotiate stronger protections relating to:

  • Bonus entitlement
  • Equity vesting
  • Change of control provisions
  • Termination payments
  • Reputation management
  • Restrictive covenant limitations

Executive employees should always obtain independent legal advice before signing an employment contract.

How our solicitors can help you with an employment contract

An employment contract is more than a formality. It is a legally binding agreement that can affect your career, finances, and future opportunities for years to come. Many people only seek legal advice after problems develop. By then, their options may be limited.

An employment contract review provides clarity, protection, and peace of mind before signing. Whether you are accepting a new role, negotiating an executive package, or reviewing post-employment restrictions, obtaining independent legal advice can help ensure your interests and legal rights are properly protected.

Before signing any employment agreement, it is worth taking the time to fully understand exactly what you are agreeing to and whether the contract truly works in your favour.

If you would like us to review an employment contract, discuss your employment rights, or any other employment law issue, please contact:

Laura Colebrook

l.colebrook@thpsolicitors.co.uk  

Phone: 0118 975 6622

Last updated: 8 June 2026

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