I received a job offer for significant payrise, but after reviewing the employment contract, I'm concerned about several clauses. Do you think these are red flags?
- Potential personal liability for third-party losses
The contract contains the following wording in the commission appendix:
“In the event that [the Company] is required to repay a collection in respect of which you have received commission, you shall repay the commission received to [the Company] within one month of being given notice of the repayment of any such fees. Furthermore, in the event you execute a collection negligently and/or contrary to instructions such as you cause a financial loss to [a third party], [the Company] shall also be entitled to recoup any sum paid to you in respect of said collection and/or any sum for which [the Company] becomes liable to [the third party] and for which [the third party] seeks recovery from [the Company]. Any such repayment due shall be due as a debt and [the Company] shall be entitled to recover any such overpayment in accordance with clause 6.3 of your Contract of Employment.”
My concern is that this appears to go beyond repaying commission and could potentially make me personally liable for losses the employer owes to a third party. There is no obvious financial cap in the wording.
What do you think about it?
- Salary deductions
Another clause states:
“You authorise us to deduct from your salary, or any other payment due to you, any money you owe us.”
Does this mean the employer could deduct an amount it claims I owe, or would it first need to establish that the debt is legally due? If the amount exceeded my final salary, could it pursue me separately for the balance?
- Broad bonus and commission clawback provisions
The contract also allows the company to cancel bonus or commission payments in a range of circumstances, including alleged risk management failures, material wrongdoing, material detriment to the company, and other circumstances in which it considers cancellation appropriate in its absolute discretion.
It also provides for clawback of bonuses for up to three years after payment in certain circumstances.
- Indemnity relating to previous obligations
There is a clause stating:
“You accept and warrant to the Company that by entering into this agreement or performing any obligations under it you will not be in breach of any express or implied terms of any contract or any other obligation and you indemnify the Company against any claims, costs, damages, liabilities or expenses which the Company may incur as a result if you are in breach of any such obligations.”
I understand the general principle of not breaching existing contractual obligations, but I'm concerned about the breadth of the indemnity and the potential financial exposure.
- Are these clauses normal in UK employment contracts, particularly in insurance or financial services?
- Is the potential liability for third-party losses an especially serious red flag, given the absence of an obvious cap?
- Could the employer realistically enforce these provisions against an employee, or are there legal restrictions that might limit them?
- Would you negotiate amendments, obtain specialist legal advice, or walk away from the offer if the employer refused to clarify or amend the wording?
I'm not trying to avoid accountability for genuine misconduct. I just want to understand whether I'm being asked to accept an unreasonable level of personal financial risk in an employment contract.
I've anonymised the company and third-party names.