Small Print

You've got your new job in recruitment - now check your new contract of employment:

Job Title

Did you know that this is actually a legal requirement? Make sure it's there and that it matches your expectations. Beware very loose and flexible job descriptions. Phrases like "and other duties as required by the company" give your employer the option to change your job as they wish, regardless of what you want from it or how well you are doing.

Probationary Periods

Typically, these specify that you need be given only one week's notice of termination during the first three to six months at a new job. They are used by employers to limit their liability on risky hires - trainees usually. If you're coming from a good job with a solid billings record you don't have to be tied to a probationary period and could negotiate to have this shortened or removed.

Notice Periods

Take as much notice as you can get. Frankly it's the best chance of getting money out of a new agency if things go wrong. If you are worried that a long notice period will harm your chances when the time comes to move on again, ask for asymmetric terms - they have to give you six months' notice but you have to give them only three months, perhaps. Obviously, if you are in a full billing role you must consider the effect a period of gardening leave could have on your client relationships. When you resign, you must offer to work your notice period. If not, the company can refuse to pay you for this period. They can only make you work your notice as gardening leave if there is a clause in your contract allowing them to do so. If not, you can insist on going into the office.

Restrictive Covenants

• These place restrictions on you for a certain period (six to twelve months, typically) after you leave a job. There are four basic kinds: Non-solicitation. You may not approach past clients for business in your own right or that of your new employer.
• Non-dealing. As above, except that you must also refuse past clients if they approach you.
• Non-poaching. You may not offer staff from you old employer jobs with your new one.
• Non-competition. You are not allowed to work for a competitive firm for the specified period.

The first three are accepted practice in the recruitment industry, as we rely heavily on client relationships. If you are bringing named clients to a new recruitment company you could try and get them excluded from these restrictive covenants, just in case the job doesn't work out and you need to move your clients again.

Be wary of a company that tries to impose a non-competition covenant - it may not be enforceable, but you don't want any legal costs trying to avoid it.

Holidays

Your annual leave should be quoted exclusive of public holidays, or else your 25-day quota might really equal 17 days.

Armchair Experts

Every contract is different. Get proper legal advice.

Final Words on Resigning

Be professional and pleasant, but firm. Have your resignation letter ready. Don't burn your bridges. And don't even think of taking company records with you: that's stealing.