A recent case highlights that the Employment Court will look closely at whether or not an employer has been fair in the way it has got an employee to sign an employment agreement. The employer offered the position but did not give the employee an agreement until the first day of work. The employer wanted the employee to sign up there and then, which he did. The agreement said that an opportunity had been offered to get advice on the agreement. That was plainly not correct.
The Court held that the process was not fair. It also threw out the trial period in the agreement because it was not signed until after the employee had started worked.
Employers must give a fair oppportunity for the employee to consider the draft agreement and take advice on it. A failure to do so may lead to an adverse finding by the Court and an unenforceable agreement. If you need assistance on getting your agreement right and the process correct give me a call on 0800733 400
