Starting a new job? Tips on how to avoid ruffling legal feathers

With Donald Trump about to assume the United States presidency for the second time, let’s take this opportunity to look at what it is best not to do in the period after you start a new job.

Don’t engage in inappropriate or harmful ‘banter’: Each workplace has its own culture and so it is crucial to understand that the standards of conduct which were applied (or not applied) at your previous employer may not align with those at your new employer. What was once tolerated behaviour could now be viewed as unwelcome or even harassment. Always maintain professionalism and respect the boundaries of your colleagues. Additionally, be aware of the stricter focus and obligation on employers, effective from October last year, to take reasonable steps in preventing sexual harassment in the workplace (you will probably be invited to attend training on this as part of your induction).

Don’t jump to conclusions about workplace policies: Every organisation should have its own tailored handbook/policies which may cover issues like the use of social media, WFH, workplace relationships, use of AI, blocks on you sending data to your personal email address etc.

It’s essential, therefore, to take the time to familiarise yourself with your employer’s policy expectations early on. This proactive approach will help you align with these applicable specific rules.

Don’t overlook your probation period: During your probation period, your notice period will likely be shorter than it would be after you complete this initial period.

Keep your head down during this period, work out who the decision maker is in terms of whether you will pass your probation period and engage with that individual gently during the probation period for feedback on whether you are progressing satisfactorily. Don’t go crazy (not a legal term) once you get through your probation period, always remembering that you have limited protection until you get to 2 years of employment.

Don’t ignore any post-termination restrictive covenants carrying over from your previous employment: Presuming you are allowed to work for your new employer/you are not breaching a non-compete restriction, you must be mindful of any other restrictions that may apply in terms of you soliciting or poaching clients or staff.

Be sure to adhere to any relevant restrictions during the specified periods. If you are unsure which restrictions may impact you in your new role, you should seek legal advice. Be wary of your new employer encouraging you to bring over clients or former colleagues where such restrictions may apply (because you may be targeted personally if you are in breach).

Starting a new role is an exciting opportunity to make a strong first impression. Set yourself up for success by focusing on making a positive impact from day one and keep the above considerations in mind.

President Trump may not follow this advice.

If you or anyone you know are experiencing issues at work, please contact David Greenhalgh, Employment Lawyer London for advice as to how we can support you.