What a contract of employment should actually say

Most employment disputes are not really about the ending. They are about a term that was never written down, or written loosely enough that both sides could read it their own way.

A contract of employment is not a formality to be signed on the first morning. It is the document that decides what happens later — about pay, hours, notice, confidentiality, and what either side can do when the arrangement stops working.

Start with the basics, in writing

Job title and duties, place of work, start date, pay and when it is paid, working hours, leave, and notice on both sides. These are the terms everyone assumes are obvious, and they are the ones most often found to be missing.

Say what happens on termination

Notice periods, what counts as grounds for dismissal, whether there is a probationary period and how it operates, and what happens to accrued leave. An ending set out clearly in advance is far cheaper than one argued about afterwards.

Be careful with restrictions

Confidentiality, non-competition and non-solicitation clauses are common, but a restriction drafted too widely can be harder to rely on than one drawn narrowly and clearly. Scope, duration and geography all matter.

Keep the policies consistent

A staff handbook, a disciplinary procedure and a grievance procedure should say the same thing as the contract. Where they conflict, the conflict tends to be resolved against the employer.

Review it when the job changes

A promotion, new duties, a change of location or a change in hours are all points at which the paperwork should catch up with reality. A contract describing a job somebody stopped doing years ago is of limited use to either side.

This article is general information, not legal advice, and it does not create a lawyer–client relationship. Every situation is different. If you would like your own matter looked at, please get in touch.