Before you sign a healthcare contract, check pay, hours, notice, location, restrictive covenants, confidentiality, training repayment and which policies form part of the contract. Employees and workers in Great Britain have the right to a written statement of the main terms on or before the first day of work. If a clause limits where you can work after you leave, or makes you repay money, get advice before you sign.
Key facts
- Written statement
- Main terms due on or before day one, for employees and workers
- Wider statement
- Pensions, collective agreements, extra training and disciplinary procedures within 2 months
- Working week
- 48 hours on average under the Working Time Regulations 1998, unless you sign a voluntary opt-out
- Exclusivity clauses
- Banned for zero-hours workers and for workers earning at or below the lower earnings limit
- Contract sources
- Written terms, implied terms, policies, collective agreements and custom and practice
What your contract includes
Your contract is wider than the document you sign. The Acas guide to employment contracts (opens another website) explains terms can sit in an offer letter, emails, policies and a code of conduct. Some terms are implied by law, such as the duty of trust and confidence. NHS staff on Agenda for Change or medical terms and conditions have many terms set by a national agreement, which the local contract brings in by reference.
GOV.UK (opens another website) sets out your right to a principal written statement on day one. The statement must cover pay, hours, holiday, location, probation, benefits and any training you must complete. Sick pay, other paid leave and notice information must also be available from day one.
Ten checks before you sign
- Job title and duties. Does the description match the role offered? A wide "any other duties" clause can stretch the role.
- Pay and pay review. Check the rate, enhancements for nights and weekends, and how pay rises are decided.
- Hours and rota. Check contracted hours, on-call, and any request to opt out of the 48 hour average. Read workload and safe staffing.
- Place of work. A mobility clause may let the employer move you between sites.
- Notice. Note the notice you must give and the notice you get. See notice periods.
- Restrictive covenants. Look for non-compete, non-solicitation, non-dealing and non-poaching clauses.
- Confidentiality. Check the wording leaves room for a protected disclosure. See NDAs in healthcare.
- Training repayment. Check the amount, the taper and the trigger. See training repayment clauses.
- Exclusivity and second jobs. Check any ban on locum or bank work elsewhere. See exclusivity clauses.
- Variation clause. A clause letting the employer change terms has limits, but read contract changes before you rely on those limits.
Points for different roles
- Community pharmacists: check responsible pharmacist duties, minimum staffing, targets for services and any covenant tied to nearby branches.
- Doctors in private or GP roles: check indemnity cover, sessions, list size and any covenant around patients of the practice.
- Nurses and nursing associates: check bank or agency restrictions, revalidation support and unpaid handover time.
- Locums: a service agreement differs from an employment contract. Read locum contracts and employment status.
Prepare for a review
Send your adviser the offer letter, the draft contract, the job description, the staff handbook and any policy named in the contract. Mark the clauses you do not understand. Add the date you must sign by and the date you want to start. Read preparing for legal advice for a full checklist. If you feel hurried, read pressure to sign.
Questions to ask an adviser
- Which policies form part of my contract, and which can the employer change alone?
- Would the restrictive covenants stop me taking a job I have in mind?
- Is the training repayment amount a fair estimate of the real cost?
- Am I an employee, a worker or self-employed under this document?
- Can I negotiate any clause, and how should I word the request?
Where to get advice
- Your union or professional body: the PDA (opens another website), BMA (opens another website) and RCN (opens another website) review contracts for members.
- Acas helpline: 0300 123 1100, Monday to Friday, 8am to 6pm. See our Acas guide.
- Citizens Advice: free help on your rights at work. See Citizens Advice for work problems.
- An employment solicitor: for a full review of an unusual or senior contract.
- Protect: 020 3117 2520 if a confidentiality clause worries you because of a safety concern.
- Northern Ireland: Labour Relations Agency, 03300 555 300.
Common questions
When must my employer give me a written contract?
Employees and workers in Great Britain must receive a principal written statement of the main terms on or before their first day. Some details, such as pensions and disciplinary procedures, can follow within 2 months.
Can I ask to change a contract before signing?
Yes. You can ask for any term to change before you sign. Put the request in writing and keep the reply.
Who can check my NHS or pharmacy contract for free?
Union and professional body members can ask the PDA, BMA or RCN. Acas and Citizens Advice give free general advice on employment rights.
Do I have to opt out of the 48 hour week?
No. Signing the opt-out is voluntary, and you cannot be treated unfairly for refusing.