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Checklist – Optional Clauses for Employment Contracts

The below list of suggested clauses and provisions is intended to supplement the required content for contracts and statements of written particulars prescribed by the Employment Act 2006 (see, further, our separate note linked here).

As with all “lists” and precedents, thought needs to be given to the specific circumstances involved, including the nature of the job role, level of seniority/responsibilities and industry sector. We are always happy to discuss recommendations in light of clients’ requirements and to assist with drafting effective, clear, documentation to enable employers to put their best foot forward.

Possible optional contract clauses:

probation period
home worker/hybrid working clause
flexibility – regarding employer’s ability to vary terms
commission/bonus
insured benefits (death in service, income protection, private medical etc)
pension
data protection (eg to refer to employee privacy notice and employee obligations to follow controller’s policies on handling others’ personal data)
extended confidentiality/IP
garden leave
pay in lieu of notice
repayment of training
restrictive covenants
for an executive director’s contract – reference to common law and fiduciary duties
regulated role – requirement to submit to vetting and maintenance of fit and proper status

 

 

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