LOOK BEFORE YOU LEAP
Thoughts from the employment law front line As employment lawyers our role involves supporting senior executives who are joining or leaving their employers. It is quite surprising how many intelligent senior people do not bother to negotiate or even read their contracts on their way in, considering them to be 'standard'. They are then shocked at how sticky an exit can be. So here are some things to look out for on the way into a job and when leaving a role. CHECK THE NOTICE PERIOD Consider asking for an asymmetrical notice, whereby the employer has to give you say six months' notice, but you only have to give three months. That way you can exit early if you don't like it there, but if the employer wants to fire you, then you will have more time to find a new role. If the role feels like a bit of a leap of faith, consider asking for an initial fixed term of say 12- 24 months after which rolling notice would apply. That way you have some real job security. In each case, check that a shorter notice period doesn't apply during any probation period. Remember with absent discrimination and whistleblowing claims (and a few other rare claims), you do not benefit from unfair dismissal or other protection during your first two years of employment. This means that your new SKQ issue 10 | 10
employer canusually simply dismiss you on notice during your first two years. TAKE PENSIONS ADVICE With a new role comes a potentially higher salary and a new pension scheme that may operate in a different way (e.g. it may be salary sacrifice). If you leave this advice too late you could end up paying sums into a pension scheme that attract additional tax. CHECK IF YOUR EMPLOYER CAN 'LAYER' YOU This means checking whether your employer can bring in a manager above your head. Try and ensure that you can only be moved to another role which is consistent with your seniority and that you report to a specific senior position, which cannot be changed without your consent. RESTRICT ANY MOBILITY CLAUSE Unless you are happy to be moved at short notice around the world, try and restrict any mobility clause so it can only operate with your consent. Conversely, if you want to spend part of the year working outside the UK, check whether this is acceptable to your employer and whether it is feasible for you from a tax and immigration perspective.
