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Soon to be ex boss re arranging start date with soon to be new boss

(7 Posts)
FagAshLil Wed 01-Jun-11 13:11:27

This is going to be long so sorry in advance! will keep it as concise as poss

DP was trained by company A for 2 years on a sponsorship contract that stated that he had to work another 2 years after completing training or pay the course fees.
He signed a new contract on completing training which does not state this but does state 'this contract supersedes any and all others contacts signed with A'
He is not happy at A for various reasons and has been offered another job which he accepted.
He handed he's notice in 2 weeks ago and was told to either work till 22 july or pay up.
Took contract to HR who said would show to their lawyers and get back to him.
This was last monday, emailed HR again on Fri to be told they were waiting for Mr F (big boss) to get back from paris office as he had final say.
Mr F got back yesterday he did not speak to DP.
DP called into direct boss' office this morning and told Mr F has spoken to Mr T (big boss at new job) and that they are happy for him to start on july 24th shock
DP had already spoken to new jobs HR and new they would be ok about the later start date but thats not really the point!
Dp's direct boss new nothing about the contract wrangling thats been going on and is awaiting a response form Mr F re this.
DP had emailed HR again this morning before speaking to direct boss so is still waiting on them.

Think thats all of it!
We are thinking that they can't make him stay or pay and thats why we haven't heard the lawyers response?
Mr F talking to Mr T is obviously completely inappropriate but can he legally do it?

Thank you if you managed to get through all that!

beanlet Wed 01-Jun-11 13:26:18

Bumping for you. I'd be mightly p'd off, but I have no idea whether this is legal or not or if there's anything -worth doing- you can do about it.

beanlet Wed 01-Jun-11 13:27:12

That should have read worth doing

TheOriginalFAB Wed 01-Jun-11 13:30:52

I suggest your partner phones his new boss and asks if he is okay with everything and say he had no idea his soon to be ex boss was going to call him.

FagAshLil Wed 01-Jun-11 13:41:12

Think he will call new boss, once he calms down a bit!
Its a very small trade, everyone knows everyone so I imagine this going round like wildfire!
The problem is, he didn't want to stay till end of july to start with as he has to train with the new company but only has till september and wants to get in as much time as possible. How can he stay now? He feels he's position is untenable.

hildathebuilder Wed 01-Jun-11 13:48:26

did the contract have a sliding scale. I.e. if he leaves within 3 months of finishing the course he repays 90%, within 6 months 75%, within 12 months 50%, 18 months 25% etc? or was it he repays it all if he leaves in 2 years?

If its the former the contract is likely to be enforceable, if the later its unlikely to be enforceable as a penalty (and restraint of trade).

there is also an argument that the entire agreement clause (this contract supercedes all others etc) may also help but is IMO less clear cut

FagAshLil Wed 01-Jun-11 14:43:32

Thank you.
Dp has just been in with direct boss.
They feel that he signed the contracts knowing what was expected therefore should stay.
Apparently new company would not be comfortable for him to start till old contract is finished (hmm funny they weren't bothered till Mr F threw he's toys out of the pram) and company A will take him to court if he doesn't fulfill it so ho-hum another 6 weeks with this shower of shit company and some serious apologising to new company about Mr F's behaviour from DP

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