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Is.this legal?

5 replies

MrsFiddymont · 22/05/2019 14:10

Got my contract, zero hours with a clause that leaving without giving notice will incur £500 payment to advertise for replacement! Any employment lawyers know if this is can be enforced, imagine they will withhold wages to cover.

OP posts:
flowery · 22/05/2019 15:19

I doubt it. Penalty clauses aren't enforceable although clauses requiring reimbursement of genuine financial loss in the event of a contract breach sometimes are either through a specific clause or by seeking damages through the court system.

However it is difficult to see how this would be reasonable as presumably the £500 advertising fee will be incurred by your employer regardless of whether you give notice or leave immediately! They would be incurring no additional fees or costs.

However if your contract is zero hours (therefore you are able to refuse work) it should make no difference as you would just give (say) a month's notice, but are not available for shifts offered to you for that month.

How much notice is the contract asking you to give?

MrsFiddymont · 22/05/2019 19:27

Contract states a month. My offer letter gives me 20 hours a week then this turns up! The work is definitely there I've been doing it for six wee k and definitely will continue. Been told.the contract is generic and now reading what you have said they are giv ing an "out" by contradicting themselves with turning down hours.

OP posts:
Tavannach · 22/05/2019 19:32

I wouldn't sign that.
If you really need the work then put a line through the 'leaving without notice' clause and keep a photocopy. And keep looking for work. They sound like shit employers.

insancerre · 25/05/2019 11:20

It should say 20 hours not 0 hours
The contract should match your offer letter
Send it back, telling them they have made a mistake with your hours
A month's notice is pretty standard

ombre123 · 26/05/2019 22:40

I'm an employment lawyer and no this isn't legal if it would reduce your earnings below the minimum wage.

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