Employment Contract Abroad

steliz · 17 July 2017 at 6:34PM

Hi,
I'm hoping that there is someone on this forum that can provide some advice on this.

I have recently been in discussions with my employer about a relocation to Toronto which would require a new contract with the Canadian arm of the company. Despite a lot of positive talk and an informal offer the move has been put back for an undefined period.
My wife and I have invested a lot of our time and effort in preparation for the move so we are very disappointed.

To try and get some commitment from my employer about this I am considering asking that they make me a formal offer with a set period of delayed start.

So, my question is, if they agreed to this how legally binding would it be?

Thanks

Crazy_Jamie · 17 July 2017 at 7:14PM

How legally binding would a promise be to make a formal offer? Not at all. Matters only become legally binding once they have made you an offer and you accept it. Only in limited circumstances would anything be binding before that.

steliz · 17 July 2017 at 7:49PM

How legally binding would the formal offer be, not the promise of one.

Undervalued · 17 July 2017 at 8:46PM

steliz wrote: »

Hi,
I'm hoping that there is someone on this forum that can provide some advice on this.

I have recently been in discussions with my employer about a relocation to Toronto which would require a new contract with the Canadian arm of the company. Despite a lot of positive talk and an informal offer the move has been put back for an undefined period.
My wife and I have invested a lot of our time and effort in preparation for the move so we are very disappointed.

To try and get some commitment from my employer about this I am considering asking that they make me a formal offer with a set period of delayed start.

So, my question is, if they agreed to this how legally binding would it be?

Thanks

Well, if you are desirable enough and in a strong negotiating position you can insist on whatever terms you like. This happens sometimes in a "head hunting" situation where minimum periods of employment, golden hellos and pre agreed no fault termination packages can be written in to the contract.

The same can apply if you are moving abroad for your employer's benefit when it is probably not unreasonable to expect at least some of the above.

However, do you feel in a strong enough position to call their bluff and, in effect, say "my terms or no terms"?

So yes, properly drafted almost anything that is agreed can be legally binding.

steliz · 17 July 2017 at 9:06PM

Hi Undervalued,

Thanks for the comment.

I feel like I am in a very strong position as people with my level of skills and experience are difficult to find.
We really want to settle in Canada so I don't want to give ultimatums and ruin the opportunity but I need some commitment from my employer to give me some assurance.
I just not sure that if we finalise a contract to start later in the year whether it can be torn up by them without recourse.

Cygnus_Alpha · 17 July 2017 at 9:06PM

A contract signed by you and the Toronto arm will be binding. That said, if they change their mind, they can always fire you - which is allowed under most employment contracts. In the UK, you don't secure employment rights for 2 years but not sure on the position in Canada.

Undervalued · 17 July 2017 at 9:30PM

Cygnus_Alpha wrote: »

A contract signed by you and the Toronto arm will be binding. That said, if they change their mind, they can always fire you - which is allowed under most employment contracts. In the UK, you don't secure employment rights for 2 years but not sure on the position in Canada.

Yes, but as I explained contractual terms can provide protection against that. Whilst you need two years service to claim unfair dismissal, there is no qualifying period for wrongful dismissal (i.e breach of contract) claims.

A contract cannot reduce your statutory rights but, properly drafted and agreed by both parties, in can always increase them.

steliz · 17 July 2017 at 10:35PM

OK, thanks for the comments.
I'm concerned that a new contract for the Canada job might disappear before the start date arrives.

getmore4less · 18 July 2017 at 7:25AM

Our next door(2 kids) did a relocation to California which was going to be a few years to start with potentialy permanent

All was going well, agreed terms, packed up and sent the shipping container, moved over and started the job, found someone to rent the UK house and was aboput to sign the 12m letting agreement when they got wind there was a restructure.......

They came back to the UK without ever unpacking the container it was sent back on the next ship with space.

Another week and they would have had no house to come back to, old UK job redundant within the year, company went bust not long after that, a fairly big IT outfit).

Whatever you do make sure the contract covers the costs to relocate back to the UK so you don't get lumbered with a big bill if it goes t*ts up.

Also check the terms of any work visa, often you are tied to the company that gets you out there, if they stop employing you then you are stuffed.

Cygnus_Alpha · 20 July 2017 at 8:01AM

Undervalued wrote: »

Yes, but as I explained contractual terms can provide protection against that. Whilst you need two years service to claim unfair dismissal, there is no qualifying period for wrongful dismissal (i.e breach of contract) claims.

A contract cannot reduce your statutory rights but, properly drafted and agreed by both parties, in can always increase them.

Yes I understand all of that. I was just pointing out that even with such a contract in place, they could still dismiss him after he takes up his new role or withdraw the offer so there are no guarantees. Sure, he could negotiate a contract where wrongful dismissal gives him a sizeable monetary remedy but that's all.

Employment Contract Abroad

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