Condition in contract?!

Vic.swales

Hi all,


After some advice if at all possible?


I have been offered a part time position at a building society as a senior customer consultant (open accounts and on till).
I have received my contract and it has the following clause in it which is making me concerned:


'It is a condition of your employment that you need to have successfully completed 12 months service in this role before you can apply for alternative roles within the society or the group'.


I am slightly over-qualified for the role but as I am returning to work after a 5 year career break having our children, and wanted a p/t position I am limited on jobs available in my sector.
However, why would a company want to restrict you progressing with them?!
Especially if I have significant experience working with a competitor?!


Any thoughts and advice on what to do next would be appreciated.
I plan on asking them for the rationale behind this clause when I email them next


Thanks

sangie595

Vic.swales wrote: »

Hi all,


After some advice if at all possible?


I have been offered a part time position at a building society as a senior customer consultant (open accounts and on till).
I have received my contract and it has the following clause in it which is making me concerned:


'It is a condition of your employment that you need to have successfully completed 12 months service in this role before you can apply for alternative roles within the society or the group'.


I am slightly over-qualified for the role but as I am returning to work after a 5 year career break having our children, and wanted a p/t position I am limited on jobs available in my sector.
However, why would a company want to restrict you progressing with them?!
Especially if I have significant experience working with a competitor?!


Any thoughts and advice on what to do next would be appreciated.
I plan on asking them for the rationale behind this clause when I email them next


Thanks

This is clearly a standard policy - so it is up to them what policy they wish to adopt. I would be cautious about the way you phrase a query - starting off by dissenting over a contractual term may not impress. You may think you are over-qualified and intend to progress quicker than that - but you also have a five year career break and want to work part time. So you aren't in a strong position to argue unless you know they would never pass you over for the next person on the list. They don't have to explain their employment terms to you - and may well take exception about being told that you want them to explain themselves.

Vic.swales

Thanks for the reply :-)


I don't think this is a standard condition as it isn't in any of the headings on the contract, merely inserted on the front cover.


No they don't have to explain themselves but have added if I have any questions I can contact them hence why I will.
But if they don't give me an explanation of the clause, I am not sure I would feel comfortable working for such an employer who is putting a restriction on an employee being promoted within their own organisation.
I just cant for the life of me think why they would want this in?

Faith177

It's probably to do with headcount and training costs they don't want to get up to full headcount and pay for training for someone who is going to jump to another department within the first year

glentoran99

Vic.swales wrote: »

Thanks for the reply :-)


I don't think this is a standard condition as it isn't in any of the headings on the contract, merely inserted on the front cover.


No they don't have to explain themselves but have added if I have any questions I can contact them hence why I will.
But if they don't give me an explanation of the clause, I am not sure I would feel comfortable working for such an employer who is putting a restriction on an employee being promoted within their own organisation.
I just cant for the life of me think why they would want this in?

Glad you can pick and choose of such a trival term
expecially when

I am limited on jobs available in my sector.

Vic.swales

It may seem 'trivial' now but perhaps not if I get passed over for promotion and as such my earnings capability is held back....I could imagine that situation to be extremely frustrating actually...


I am limited on p/t jobs in my sector, but not p/t jobs as a whole.

Vic.swales

Yes I'd like to think your correct, but what would happen if the employee left anyway? Just seems a bit daft to me (and a bit suspicious if I'm honest)

Faith177

Vic.swales wrote: »

It may seem 'trivial' now but perhaps not if I get passed over for promotion and as such my earnings capability is held back....I could imagine that situation to be extremely frustrating actually...


I am limited on p/t jobs in my sector, but not p/t jobs as a whole.

Are you sure it includes promotions I read as just applying for a new role or in a different department?

For example say you were part time on the call desk for overdue payments and you moved to admin assistant in new accounts that would be a no no

However if you were promoted within that role so from a general customer service agent to say a senior that would be ok because it's within the same role just a step up

With regards to leaving a lot of companies put in clauses about working for a competitor or within the company for x amount of time. I know when I left one insurance company I was told I couldn't come back for up to a year if I wanted too

Vic.swales

No I'm not sure but on all the promotions I have had, I've still had to apply for them so would take it that I cant.
As I said earlier, I think asking for this to be clarified is necessary because its not clear.


My hubby has a restrictive clause in his contract as he works in sales, which I totally understand. But I am worried they have added this in as they know I'm overqualified.
Don't get me wrong I am not saying that I'm too good for them (I wouldn't have applied otherwise). But what I don't want is them holding me up against the wall and saying we have now got you and you cant move on until we say (if that makes any sense lol)

Flyonthewall

Faith177 wrote: »

Are you sure it includes promotions I read as just applying for a new role or in a different department?

For example say you were part time on the call desk for overdue payments and you moved to admin assistant in new accounts that would be a no no

However if you were promoted within that role so from a general customer service agent to say a senior that would be ok because it's within the same role just a step up

I read it the same way. It says about applying for alternative roles, it doesn't mention promotions.

Vic.swales wrote: »

It may seem 'trivial' now but perhaps not if I get passed over for promotion and as such my earnings capability is held back....I could imagine that situation to be extremely frustrating actually...

It's for 12 months, not years! They could get rid of you for almost any reason within the first 2 years anyway. 12 months isn't that long really and any type of promotion or higher earnings are likely to involve full time hours.

Semple

Flyonthewall wrote: »

I read it the same way. It says about applying for alternative roles, it doesn't mention promotions.



It's for 12 months, not years! They could get rid of you for almost any reason within the first 2 years anyway. 12 months isn't that long really and any type of promotion or higher earnings are likely to involve full time hours.

Agree here. If they wish to promote you, i can't see this clause preventing that. It's more likely to do with the costs of having you trained up to do the role, then you suddenly decide there's another department in the company that pays better, i'll apply for a role there. 12 months will fly by.