Contract query

Grumpy_chap

Non-compete clauses are not unusual, nor does the one that has been written read as particularly outlandish.  They are often not enforceable in any case.

The 10-week notice (from the employee) is quite unusual.  What is the reason they require that?
Outside of senior executive roles where short notice periods can be detrimental to the business, most companies don't want to keep disgruntled employees that decided to move on for any longer than they have to.
The inequality in the notice periods seems particularly odd.

FallenAngel2612

I have no idea, I have asked the question.  I only have to give 8 weeks where I’ve been working for 15 years, 10 weeks after only having worked there for 12 weeks does seem strange.  

Undervalued

FallenAngel2612 said:

Hi all,

thanks for all your comments.  Had some clarification re the training - if you leave straight after it’s full reimbursement.  If you leave after 1 year - still the same, if you leave after 2 years, 50% of cost.  I don’t think it leads to any nationally recognised qualification though so not sure how valuable it would be to anyone else. I’m still a bit unsure about this.

When I’ve read all the different clauses as well, there’s things such as ‘you agree that if you leave the company, for a period of 6 months you will not be permitted to work for any client of the company, potential client of the company, including working for a service provider who provides the same or similar services to any client of the company.  ‘Non compete, post employment conditions’.   

After the initial probation period of 12 weeks, employees have to give 10 weeks notice to leave but the employer only has to give 4.  

It may all be normal contractual stuff etc but I’m definitely feeling on the fence about this one now.  

Although that is unusual it is not unknown and is perfectly lawful. By law the employer has to give at least one week's notice for each year of service up to a maximum of 12. The contract can agree more but it cannot be less.

In the absence of a contractual agreement an employee only ever has to give a week's notice, regardless of their length of service. Most firms understandably want more than that so a longer period is often written into the contract.

Legally they might struggle to enforce paying back as much in training fees as you have set out above. However, as I said in my earlier post, it could be a messy battle.

Equally, the non-compete clause might not be fully enforceable. Under some circumstances, properly drafted, they can be but without knowing the industry it is difficult to comment further. Again though it could be a legal battle.

housebuyer143

Personally the training thing would stop me dead in my tracks. A job you have no idea if you like are going to make you pay back the training which isn't a recognised qualification. Seems like a way to trap you into a job. 
I wouldn't like to feel I was trapped in my new role and having a £3k hanging over my head and 10 weeks notice would definitely make me feel trapped. 

TheSpiddalKid

My observation would be to look beyond just the clauses from a legal sense and ask yourself, what does this tell you about the organisation's culture? That is going to be of vital importance if deciding whether you will enjoy working there. 

The omens are not positive, but there may be other sources of information, such as Glass Door and Indeed, which could help to balance this. 

Martin_the_Unjust

Any updates OP?

Enquiring mind and all that.

FallenAngel2612

Hi, not much of an update, I signed conditional job offer, still pending some checks so I’ve not handed my notice in yet.  Im using this time to have a good think about it all.  Looking at the bigger picture, I still think it will be a good opportunity for me - something Im not getting in my current job. 

 It’s just the job security aspect and the benefits are not as good. If I got ill in my current job I would have money coming in for up to a year which is a big thing when you don’t have any critical illness insurance etc.  But then is a few extra days annual leave a year and sick pay really worth staying in an environment that is so draining (not to mention at times unsafe!).  

To be honest I think it’s the only reason a lot of people stay.  Job security is important when you have a mortgage and bills to pay.  On the other hand, I’m not gonna hit retirement age for another 20-25 years so that’s a long time to be unhappy.

stu12345_2

this is just like a trainee bus driver role, as eg Firstbus do this, they take on new recruits, train them to full  PCV level, up to £5000 in training costs, and take money out of your wages for 2 years.
If you leave eg, resign or sacked, before the 2 years is up, you owe them the balance, you sign a training costs bond letter of contract.

I knew a guy that did 20 yrs of firstbus, he then left cos his mortgage was fully paid, he said he hated every minute of the job, unhappy for 20 years. He became a brain dead zombie, that did the job as a robot with no soul or desire or pleasure.