Notice period / training charges

Murts78

Hi all,

I have been offered a new role having been at my current role for 16 months and have a 4 week notice period. I would ideally like to start the new role in 5 weeks. I will certainly be put on gardening leave.

When I started I had to attend a complusarly training course for which the charge is £2000 which is reduced by 50% after a year and to zero after 18 months.

I can put the start date back if need be to avoid this charge.

I was thinking of handing in my notice with 8 weeks notice next week in order to give them my intention of leaving.

I would be happy to leave after the 4 weeks as long as the charge is waived. However I am concerned that if I give 8 weeks can they state my notice period is 4 weeks and force me to leave then and also charge me the fee?

Can anyone shed any light if they can or can't enforce the 4 weeks?

Thanks

gettingtheresometime

If your notice period is 4 weeks & can move the start date so that you avoid the charge, why run the risk of your existing employer charging you by giving them 8 weeks notice?


Or are you hoping to get an 8 week holiday?

TBagpuss

As you have been there for less than 2 years they could simply give you 4 weeks notice and dismiss you.

If you have a reasonable manager and your employer is generally reasonable, it may be worth speaking to them and asking whether they will waive the charge bearing in mind you will only be 4 weeks short of the 18 months when you leave, if you give notice now.

If you have any doubts about it, however, you would be bettter to put back your start date and finish out the 18 motnhs to avoid the risk.

Or you could make them a counter offer and suggest that you repay £166 which is 1/6 of the amout due for leaving after between 12 & 18 months.

TELLIT01

If you can put off the move to your new employer until after the 18 months has passed it will be the safest way forward. It's also worth checking whether the payback rate is on a sliding scale or simply 50% for less than 18 months.
I can't imagine your current employer being too keen to right off £1000 if they can legitimately recover it.

Undervalued

I agree with the two posts above.

Also keep in mind that the employer is generally in the stronger position over and grey areas regarding reclaiming training costs. They can simply deduct what they believe to be correct from your final salary leaving you to fight to reclaim it if they are wrong. You have no means of preventing that so it would be wise to keep everything as amicable as possible.

Murts78

Not looking for an extended holiday at all. Would just make the most sense to move to new employer asap. Maybe needs a verbal discussion to see if they would waive this if I handed in now. I'm in a regulated sales role so they always put you on gardening leave. Maybe they will see sense if I don't formally hand in my notice and agree to waive it rather then pay me an extra month which is more then the £1000 fee where they know they have an employee who no longer wants to be there.

Undervalued

It depends a bit on the culture and attitude of your workplace. As others have said, the danger is the moment you mention leaving they could simply dismiss you. If that were to happen....

How much notice does your contract say they have to give you? It may not be the same as you have to give them. If it says nothing the legal default is only one week!

If you were dismissed and had to leave before the 18 months are up, what happens then to the training fee? Can they still reclaim it?

You need to be sure just in case they respond badly.

Murts78

It's 4 weeks notice either way. Would they legally be allowed to dismiss me for no reason if I haven't handed in my notice just given an indication that I'm looking to move? They would replace me and have no reason to doubt the work I have done.

Undervalued

Murts78 wrote: »

It's 4 weeks notice either way. Would they legally be allowed to dismiss me for no reason if I haven't handed in my notice just given an indication that I'm looking to move? They would replace me and have no reason to doubt the work I have done.

Yes. With less than two years service they could dismiss you for no reason at all just by giving you four weeks notice (or pay in lieu). You cannot claim unfair dismissal unless you could show that the real reason was one of the handful of types of discrimination prohibited by law (race, gender sexual orientation etc).

If you work for a reputable company it is probably not very likely but making it obvious you are "playing the system" to avoid training costs and maybe get gardening leave as well may make them react that way.

The safe option is to delay and make sure when you give them four week's notice it takes you clearly past 18 months.

Undervalued

Murts78 wrote: »

Not looking for an extended holiday at all. Would just make the most sense to move to new employer asap.

One other point to keep in mind....

If, as you expect you are put on "garden leave" you can't work for a new employer during that time. You are still employed and could be called back in at any time.

If you get PILON then that is different. You employment has ended so you can do as you please. That might be the case if they gave you notice, you leave immediately and they pay you in lieu of the notice you were entitled to receive. However it is unlikely if you give them notice. They could of course insist you work you notice and give you some tedious job to do away from the clients!