Employment and contractor arrangements

Building a workforce on terms that protect your business and your people

For medtech businesses and start-ups, the terms on which people are engaged can have a significant bearing on how the business operates, how IP is protected and how risk is managed as the team grows. Whether a business is taking on its first employee, scaling a team ahead of a funding round or managing a mix of employees and contractors, clear and well-considered engagement arrangements are an important foundation. Getting these right early can help avoid disputes and reduce exposure as the business evolves.

Employment agreements

The terms on which employees are engaged should reflect the nature of the role, the needs of the business and the obligations that apply under applicable employment legislation. Standard or off-the-shelf agreements often fall short in fast-moving business environments.

Work in this area may cover:

• Drafting and reviewing employment agreements tailored to medtech and start-up environments
• Advising on probationary periods, termination provisions and notice requirements
• Structuring remuneration arrangements including salary, superannuation and equity participation
• Addressing confidentiality, IP assignment and post-employment restraint provisions
• Reviewing employment arrangements in the context of investment readiness or business restructure
• Considering visa and work rights requirements for key hires from overseas

Well-drafted employment agreements can help protect the business and provide clarity for employees from the outset of the relationship.

Contractor and consulting arrangements

Engaging contractors and consultants is common in medtech and start-up businesses, particularly in the early stages. These arrangements carry their own risks, including the potential for misclassification and gaps in IP protection that can create problems down the track.

Support here may include:

• Preparing and reviewing contractor and consulting agreements
• Advising on employee versus contractor classification and the risks of misclassification
• Ensuring contractor agreements include appropriate IP assignment and confidentiality provisions
• Structuring arrangements where contractors are engaged through their own entities
• Reviewing contractor arrangements ahead of investment or transaction processes to identify risk

Clear contractor documentation can help protect the business's IP position and reduce exposure to classification-related claims.

Equity, incentives and key person arrangements

Attracting and retaining talent in competitive medtech and start-up environments often involves equity and incentive arrangements. How these are structured and documented affects both the individuals involved and the broader cap table.

This work may extend to:

• Advising on employee share schemes, options and other equity incentive arrangements
• Preparing and reviewing incentive documentation including option deeds and ESS rules
• Structuring vesting arrangements and leaver provisions for key team members
• Advising on the tax implications of equity incentive arrangements for employees
• Considering the estate planning implications of equity held by key personnel
• Addressing immigration considerations where equity participants are based overseas

Thoughtfully structured incentive arrangements can support talent retention while keeping the cap table clean and investor-ready.

Practical and sector-focused advice

Advice is grounded in the employment and engagement realities of medtech businesses and start-ups at every stage of growth. The focus is on helping founders build and manage their teams on terms that are clear, compliant and well-suited to the pace and ambition of the business.