Urgent advice - can anyone help?

[FlipFlapBat]

I’ve been working at my company for 9 years and have to give 6 months notice which I am planning to give Monday.

I finished a course 19 months ago and have to pay back the fee if I leave within 24 months. Including my notice period I will leave 25 months after it.

While I have to give 6 months notice my employer only has to give me 2 weeks notice.

When I hand in my notice can they say fine don’t work the 6 months, we want you to go in 2 weeks thus forcing me to payback the £10k course fee?

You have another job to go to so unless they are going to offer you £££££££ and pay it up front as you say they have underpaid others that have left that would be a big fat no from me!

Do not undersell your yourself I would be asking for double your current salary from now onwards. Any issues with receiving the money and your original date stands.

Within my contract is a clause saying that after five years service my notice period doubles, I hadn’t realised that. As it was 6 months it becomes 12 months.

That just seems ridiculous!

A 12 month notice period?

That's ridiculous, even from an employer's perspective- why would an employer want someone hanging round, not engaged and probably doing the bare minimum because they've resigned for a whole 12 MONTHS?!!

I think you should resign and speak to them about a more appropriate notice period.

Definitely seek legal advice pretty sure that would count as unreasonable Claus especially if others at your company on same level don't have the same time period

Within my contract is a clause saying that after five years service my notice period doubles, I hadn’t realised that. As it was 6 months it becomes 12 months.

How come this has only come to light now? Is this really the first time you've noticed that you had to give them a year's notice? Do they have a signed contract from you from 9 years ago (or at some point since then) - or are they now playing silly b's with you by moving the goalposts unilaterally?

If the course is no longer their problem, just leave when you planned to. They are highly unlikely to get very far in terms of suing you, because your argument in court will be "what loss have you suffered?" which would be the extent of any "claim" they might have against you. Once you're out the door they probably won't pursue you, as long as you don't go to work for a competitor and steal all their customers or give away all their IP.

How come this has only come to light now?

I signed a new contract about 6 years ago when I was promoted. They had starred clauses that had changed, I just signed it in the office during the meeting. They hadn’t highlighted that one, my own fault for not reading (our contract is very long but no excuses). When I resigned they disputed my notice period and aren’t willing to negotiate down.

The course isn’t being questioned because in 12 months time I’ll be outside the repayment period. I thought they might say go right now but they have done the reverse!

I think you need to contact ACAS / a union / employment solicitor for advice. Your employer is being unreasonable but it sounds like it's going to be a fight to leave at all.

Realistically what are they going to do if you leave after 6 months?

They could threaten court but no court will uphold a complaint from an employer that you refused to give 12 months' notice when your employer could give 2 weeks (I assume that didn't change in the revised contract).

In any event I don't think 12 months is reasonable unless you are in a VERY high powered job.

There is no way any ET would uphold a 12 month notice period!! 6 months is still too much. Unless you signed a training agreement I wouldn’t worry about that either, if it didn’t cost them anything again I can’t see and ET upholding that. The restrictive clause of not working elsewhere for 12 months would also be seen as career limiting by a tribunal and likely to be found unreasonable. They sound like a charm to work for - stick to you notice and don’t be bullied, otherwise you have other options!

@FlipFlapBat any progress with them?

No, I suspect I will not be able to take the maternity cover role. At the moment I am trying to find a solicitor who will do a free 30 minute consultation and then I will pay for a letter if they think I can get out of the contract. It is hard to find a solicitor while I am working though, I've sent some emails.

My company is taking the stance until I agree to 12 months notice I have not correctly or formally given notice at all.

Look at it in terms "what have I got to lose?"

If you stay working there for a further 6 months, it will time-out any obligation to repay them any training course fees. So you will have ticked that box.

Leading up to that time try to get something like a short term contract and at that point tell them they already knew you wanted to leave because you tendered your resignation in Dec 2018, so you intend to leave in 1/2/3 weeks time from today as you have a new job. If they aren't magnanimous enough to let you go, just leave. They won't take you to court. All you've lost is a reference. Don't get tied down by them, or intimidated by them, they will find someone to replace you.

I’ve worked there 9 years though, I don’t want to lose the reference- although it is policy that they don’t give references apart from confirming dates you worked and your job title; they don’t do personal comments on any reference. So maybe that won’t matter.

Regardless of what terms of departure you agree on you have resigned and that date stands!!!

I would walk the day before you start the mat cover job tbh. Well on payday I guess.

What the heck is it you do that you have a 6 / 12 month notice period??

Fairly senior but not an unusual or niche job.

If it isn't an unusual or niche role, they have no excuse to hold you from career advancement for a year. Long notice periods tend to be for CEO/Board members of FTSE blue chip co's, giving them time to identify the new encumbent and have a long period of handover/shadowing. They are putting you in an awful position.