Want to leave my company but unsure about a clause in my contract....Please help

steampowered

It seems to me that the company would need to prove two things to claim against you:

1) A cost or expense incurred in the last 2 years.
2) A cost or expense incurred by the company for your graduate programme.

This is incredibly broad wording. The intention is probably just to capture training costs, but I can see an argument that it could cover other types of cost too.

I think you need to ask HR whether there will be any costs if you were to resign.

ScorpiondeRooftrouser

nicechap wrote: »

Possibly, but possibly not. Someone local with the pre-existing skills or knowledge would presumably not be entitled to a housing allowance. They have left with more experience and knowledge than they had (as most people do in their careers). Just have a cloud on the horizon when the new company receives a reference saying they left owing the company £x. So nice for future grads too, why should firms ever train anyone.

That has nothing to do with them being on a graduate programme. That's the case in any job when you take on someone less experienced. The contract appeared to refer entirely to the graduate programme. Fear of a reference that made claims that didn't reflect the legal situation and lied is no reason to pay large sums of money to your ex employer.

nicechap wrote: »

As Kayalana99 suggests, the OP needs to talk directly with their employer rather than rely on strangers on the internet who have no stake in the OPs choice.

Indeed, that's what I said. "Look into it much more closely". I commented because you and others were effectively telling him just to pay up.

ScorpiondeRooftrouser

steampowered wrote: »

It seems to me that the company would need to prove two things to claim against you:

1) A cost or expense incurred in the last 2 years.
2) A cost or expense incurred by the company for your graduate programme.

This is incredibly broad wording. The intention is probably just to capture training costs, but I can see an argument that it could cover other types of cost too.

No. It says:

"'Should you terminate this contract for any reason, you shall be liable for all costs and expenses incurred, by the Company for your graduate programme, in the previous two years before your termination. "


It doesn't say

"'Should you terminate this contract for any reason, you shall be liable for all costs and expenses incurred, by the Company for your graduate programme, OR in the previous two years before your termination. "


Grammatically, and I expect legally, the "in the previous two years" can refer only to expenses incurred for the graduate programme.

nicechap

ScorpiondeRooftrouser wrote: »

That has nothing to do with them being on a graduate programme. That's the case in any job when you take on someone less experienced. The contract appeared to refer entirely to the graduate programme. Fear of a reference that made claims that didn't reflect the legal situation and lied is no reason to pay large sums of money to your ex employer.





Indeed, that's what I said. "Look into it much more closely". I commented because you and others were effectively telling him just to pay up.

You are misinterpreting me and inferring I've said something I've not.

Graduates tend to live all over the country including London and Birmingham. I've not said they will give the OP a reference that is untruthful or a lie. I've not said pay up.

Neither of us have full sight of the OP's contract or what the organisation constitutes personal development training, whether the OP has signed it or not. He admits he's not signed the housing allowance (allowance sounds so American) but has happily accepted it, so has received the benefited without "signing" for it.

These dilemmas appear designed to set people against each other by absence of clarity and drip feeding info, and I've no wish to perpetuate the dilemma unecessarily .

So I'll leave it there. Feel free to have the last word.