Precedent of contractual clause non-enforcement?
Discussion
Question for a friend:
Handed their notice in, and their contract has a clause that the previous 2 years of training costs should be reimbursed to company (circa £3k in this case).
It has not been enforced on anyone else who has left the company.
The reason for leaving is not a case of more money (in fact it is less), it's just that things are shaky with the current firm after 3 rounds of redundancies, and the person in question is now the most junior member of staff, and feels that they would be next in line should more redundancies happen.
There is thought that they might try and enforce it this time, does the precedent set with other staff have any bearing on this case?
Handed their notice in, and their contract has a clause that the previous 2 years of training costs should be reimbursed to company (circa £3k in this case).
It has not been enforced on anyone else who has left the company.
The reason for leaving is not a case of more money (in fact it is less), it's just that things are shaky with the current firm after 3 rounds of redundancies, and the person in question is now the most junior member of staff, and feels that they would be next in line should more redundancies happen.
There is thought that they might try and enforce it this time, does the precedent set with other staff have any bearing on this case?
I was asked to repay costs when I left my previous employer when other who had left before me had not been. Unfortunately your friend has to accept it - its in the contract they signed.
On the other hand, if they are going to be made redundant why not wait until they are - they would be excempt from paying back the costs then no?
On the other hand, if they are going to be made redundant why not wait until they are - they would be excempt from paying back the costs then no?
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff