Employment contract help

jiggy2

Hi,

I joined my employer middle of last year on a fixed contract.

The notice period specified on my contract is 6 months. In addition, I the contract stipulates that I would have to repay any costs incurred by my employer.

The types of costs stated in the employment contract are:

any costs incurred on my behalf
loss of fees resulting from non completion of work
recruitment expenses incurred in finding a replacement

Can someone please advise whether i can be liable for any future costs incurred such as recruiting someone.

Secondly, during my pay review they said they would implement performance related pay in the next few months. That was 10 months ago and hasn't materialised. Would that constitute breach of contract if they haven't implement it as yet and there has been no communication of the progress??

thanks

Jig

jobbingmusician

How long is your fixed term contract? I guess the term about future costs incurred in finding a replacement covers the firm if you walked out and they had to re-advertise the job. No idea if it is in fact enforceable, but from the employer's side it sounds like a good idea. But you must have been there about a year - after a year surely you get employment rights? I would contact ACAS and ask their advice - I don't believe this clause could be enforced indefinitely.

My guess (sorry it's not more informed, but it is based on sound common sense in this instance ) is that if you were promised PRP verbally, and there is nothing written down, you would be wasting your time pursuing them for breach of contract. Sorry for bad news.............

jiggy2

hi,

thank you for your answer...

in reply to the two things:

fixed term contract is for 5 years

the PRP was verbally mentioned and a letter isssued re the revised pay which said that PRP would be implemented in the next few months..

hopefully that helps

Jig

Savvy_Sue

In your line of work, are such contracts normal? Only a five year contract with a six month notice period seems unusual to me. And unenforceable - after all, all sorts of things could happen in five years.

Although the good news is that they'd have to give YOU 6 months notice too, or if you said "I AM leaving", and they didn't want you there for security reasons, they'd have to pay you 6 months pay!

LittleVoice

Was PRP spelt out as "Performance Related Pay". PRP can also be "Profit Related Pay". Either way, if the company establish the scheme they set the rules and could do so in such a way that you would be very unlikely to qualify for any additional money. I don't think you can hope for anything on that front because they have control.

zzzLazyDaisy

I suspect this is a wind-up.

It is amazing how many newbie posters there are around at the moment with the sort of employment/legal questions of the type that you might find in basic business law exams, as in 'this is the situation... discuss'

:rolleyes:

welshman10

zzzLazyDaisy wrote: »

I suspect this is a wind-up.

It is amazing how many newbie posters there are around at the moment with the sort of employment/legal questions of the type that you might find in basic business law exams, as in 'this is the situation... discuss'

:rolleyes:

Not everyone has studied law :rolleyes: