Terms of contract - is this legal

General_Grant

Was the "contract" a document which the friend signed or was it just a document given to them where they didn't have to sign and return a copy to the employer?

Wonka_2

Archerychick said:

Definitely needs proper legal advice on this, can they speak to Acas in the first instance.

 I read back in December an article about care workers from overseas being trapped in roles for something like 5 years. Unsure if this is the persons situation or not though - 

https://www.bbc.co.uk/news/uk-67684417.amp

I’ve had training agreements in place where an employer has invested substantial amounts in external training, where if I left after x time I would pay back x but I haven’t heard of this for internal training. Something isn’t right here!

Hence my earlier, unanswered, question on visa status and whether there is an element of sponsorship involved

samkma

Grumpy_chap said:

What month out of 0 - 36 months' service?


Someone with more knowledge might be able to advise whether the terms around the training are legally enforceable.  I certainly do not consider that these terms are common and, where I have seen similar terms in the past they have an element of gradual decrease rather than the cliff edge in this case.  Maybe such terms are classed as unfair / unequal bargaining power.

Left after 14 months into the contract, but that was back in 2022.

samkma

Wonka_2 said:

Archerychick said:

Definitely needs proper legal advice on this, can they speak to Acas in the first instance.

 I read back in December an article about care workers from overseas being trapped in roles for something like 5 years. Unsure if this is the persons situation or not though - 

https://www.bbc.co.uk/news/uk-67684417.amp

I’ve had training agreements in place where an employer has invested substantial amounts in external training, where if I left after x time I would pay back x but I haven’t heard of this for internal training. Something isn’t right here!

Hence my earlier, unanswered, question on visa status and whether there is an element of sponsorship involved

Sorry for not responding I had to clarify, Sponsorship is involved but employee paid £6000 towards visa fees before start of employment.

samkma

General_Grant said:

My local university offers free advice/help - given by students but overseen by lecturers.  They mainly concentrate on housing issues, though.  They wouldn't appear in court but could guide.  Do any of your local universities who do law degrees offer this?

Are there other solicitor firms who offer a pro bono consultation?

Thank you currently exploring this option via lawworks.org.uk 

robatwork

samkma said:

Wonka_2 said:

Archerychick said:

Definitely needs proper legal advice on this, can they speak to Acas in the first instance.

 I read back in December an article about care workers from overseas being trapped in roles for something like 5 years. Unsure if this is the persons situation or not though - 

https://www.bbc.co.uk/news/uk-67684417.amp

I’ve had training agreements in place where an employer has invested substantial amounts in external training, where if I left after x time I would pay back x but I haven’t heard of this for internal training. Something isn’t right here!

Hence my earlier, unanswered, question on visa status and whether there is an element of sponsorship involved

Sorry for not responding I had to clarify, Sponsorship is involved but employee paid £6000 towards visa fees before start of employment.

You mean *employer*?

maxmycardagain

regarding the "training costs", can the ex-worker ask to see proof of what the ex-emplyoer is claiming and.....

assuming company was/is vat registered and the vat reclaimed have that deducted from claim AND ask the judge to assess what % of the training costs are due seeing as the company must have had a benefit from the emplyees new qualification?

Also wouldnt  HMRC allow 20% tax relief on training costs?

I.E. A course costing £5000 inc vat becomes £4166.66 plus vat (refunded)

£4166.66 less 20% tax = £3333 nett

after 6 months work the company may have had that back as extra income

prowla

That is the most ridiculous contract I have ever seen:

• No notice in 3 years,
• Pay back training,
• No holidays.

It's more like a prison sentence than an offer of work.

elsien

No holidays during the notice period. Not no holidays at all.

OP - what did the employer and the employee each pay towards sponsorship and Visa costs before the start of employment?
There’s been a lot in the in the media lately about unfair contracts with staff from abroad, but it’s less clear what mechanisms there are to deal with that. 
Did your friends join a union?

samkma

elsien said:

No holidays during the notice period. Not no holidays at all.

OP - what did the employer and the employee each pay towards sponsorship and Visa costs before the start of employment?
There’s been a lot in the in the media lately about unfair contracts with staff from abroad, but it’s less clear what mechanisms there are to deal with that. 
Did your friends join a union?

The Employer pays the sponsorship fee of £299 per application, rest are fees the employee pays to get the entry clearance and flight tickets.
Employers / recruitment agents charged this friend a total of £15,000! and this horrendous contract on top of it. 

Member of RCN but they are of no use.