Contract Checklist –What Nurses Should Look for in a Contract

If you don’t read the terms and conditions correctly, what begins as an exciting new job offer can quickly turn into a legal battle against an employer.

Although this may seem like hyperbole, it does indeed happen, and regularly too.

Signed employment contracts are legally binding – once you sign it, you’ve got to do it.

So how do you avoid ending up in a situation like this?

In a Nutshell – The do’s and don’ts

Although this list isn’t exhaustive, it’s a pretty good place to start (or at least keep in mind during the hiring process). By following this check-list you should avoid most of the common pitfalls and traps when it comes to contractual disagreements:

Do not sign a contract that you do not understand
Do not sign a contract with any blank spaces
Do not rely on verbal promises. Ever. No matter how trusted the person is
Keep an eye out for repayment clauses – these can be enforced if you want to leave
Ask for hard copies or pdf copies of any policies mentioned within the contract
Always ask for written clarification on anything you are unsure about
Put objections or issues into writing so you can maintain a paper-trail

Things to keep an eye out for – by contract section

Job Title and Description:

Any description should give you a detailed idea of what the role involves – if there is anything that you cannot or will not do, this should be raised as early as possible.

What is the nursing specialty of the job offer and where is the site you will be working from?
Is there a ‘base’ of work you can operate from?
Is your employer able to change your area of work without employee agreement? Many NHS Trust contracts express that they can move staff within the trust – referred to as a Mobility Clause.

Probationary Period

Many employers will require any new employees to complete a probationary period before they confirm any further employment. If you are looking over an offered NHS contract this information may be held under the ‘preceptorship’ section of the terms and conditions.

Any continuity of employment should start on your first day of work – not when the probationary period has ended.

If there is a probationary period – how long does it last? What support is available to you?
How is your pay affected – does your pay increase following the end of probationary period?
Can your probationary period be extended?
How does the termination of contract arrangements differ during probationary period?
Can the employer terminate your employment without reasonable cause during the probationary period?

Salary

Salary is often the main sticking point when it comes to accepting most job offers, and nursing is no different.

It is important that the salary in the contract is a reflection of the salary mentioned in your offer letter. If it is drastically different, it is likely a mistake – but can be difficult to resolve once signed nonetheless.

Is the offered salary fixed or on a scale?
Is the salary performance related? If it is – what are the targets, how are they measured, and who sets them?
What is the Net salary?
Are there any additional benefits included?
Are there any potential for bonuses? If so, are they guaranteed or discretionary?

Annual Leave, Time-off, Holidays

If you are employed under an NHS contract it is wise to spend some time looking over the NHS Terms and Conditions.

Regardless of employer, it is wise to check the following:

How much leave you will be able to get as well as what public holidays are included
How do you book annual leave?
If you have any holidays booked this should be clarified before signing the employment contract
Are you limited on when you can take leave?
The extent of the holiday year and when does it run out?
What is the process for taking holidays during busy parts of the year? E.g Christmas and New Year
Is it possible to carry over any unused holidays into the next year?
Are you able to apply for carer/compassionate leave and will you be paid during this leave?

Hours of Work

If you are somebody who requires flexible working arrangements, it is crucial to check exactly what your shift patterns will be. If the hours of work seem like they will be a problem further down the road, this should be raised before signing the contract.

What are the shift patterns and times? How flexible are these?
Is there any expectation or requirement for overtime – what is the difference in pay?

Location of Work

With nursing there is scope to work in a huge variety of locations – from city centres to rural locations, everyone needs access to healthcare.

What is said about in the contract about the proposed place or work or your base?
Can you be moved by your employer?
If you are a community nurse, is there anything in the contract about travelling to and from your base during the day?
Are you entitled to petrol/travel allowances? How much is this and how do you claim it?
Can you work remotely from home? Is there anything in the contract about this?

Employment Start Date and Length of Contract

If you are offered a fixed term contract then the termination date should be clearly expressed within the contract. On top of this, the start date should also be clearly shown plus whether any previous employment counts towards the continuity of your employment.

In fixed contracts there are likely clauses or options to extend your employment – find out how they work and the related process.

Sick-leave and Associated Pay

Being off work for an extended period can have serious negative repercussions. If you have any pre-existing conditions that you think may cause you to take extended time off work, it is important to explore how this will affect your employment status further down the line.

What is included in the contract about absence through sickness and sick pay?
Is there a sickness policy to be aware of?

Some employers will only provide the legal minimum requirements, will others will offer bountiful support. If an employer clearly has poor or lacking health coverage, then it may be worthwhile to think about getting your own.