Liable for costs if quitting job?
Liable for costs if quitting job?
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plenty

Original Poster:

5,036 posts

208 months

Friday 9th December 2022
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My 18-year old has been given a job offer for a 6-month post, 20 hours per week, £8.80 per hour.

There are a couple of other (better paying) roles she's also looking at, but this is the first firm offer she's received and she needs to decide whether or not to accept this one before the application deadline for the other roles.

An option would be to accept, but quit if one of the better roles comes through later.

According to the employment contract, if she does quit before the end of the contract she will be liable for any costs incurred in finding a replacement, including any salary differences. So if the employer needs to pay more than £8.80/hour to backfill, we'll be liable for that cost.

I've never heard of anything like this before. Is it enforceable? I appreciate we'd be putting them in a tough spot by walking away, but this is a close-to-minimum-wage job for a six-month contract, not a CEO. And what's to stop them hiring someone for £15/hour and making us liable for the uplift?

Wacky Racer

40,475 posts

269 months

Friday 9th December 2022
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Definitely avoid.

TwigtheWonderkid

47,739 posts

172 months

Friday 9th December 2022
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plenty said:
According to the employment contract, if she does quit before the end of the contract she will be liable for any costs incurred in finding a replacement, including any salary differences. So if the employer needs to pay more than £8.80/hour to backfill, we'll be liable for that cost.
That's absolutely outrageous. She shouldn't sign that even if it was her only offer. What if something happened in her life beyond her control that meant she had to quit?

Largechris

2,019 posts

113 months

Friday 9th December 2022
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Bahahaha this can't be serious.

Straight to the Daily Mail with this one I suggest.

dibblecorse

7,269 posts

214 months

Friday 9th December 2022
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Thats an awful contract, and if its a reflection of the firm generally I'd walk from that, or if she absolutely needs the job then take it knowing she CANNOT leave for 6 months.

InitialDave

14,238 posts

141 months

Friday 9th December 2022
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I'd tell them to stick it, but... does it apply if they have to fire you, rather than you quitting?

QJumper

3,238 posts

48 months

Friday 9th December 2022
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I'd be very surprised if that was enforceable.

bitchstewie

63,390 posts

232 months

Friday 9th December 2022
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That sounds absolutely crackers.

Large org or small business?

Gary C

14,586 posts

201 months

Friday 9th December 2022
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TwigtheWonderkid said:
plenty said:
According to the employment contract, if she does quit before the end of the contract she will be liable for any costs incurred in finding a replacement, including any salary differences. So if the employer needs to pay more than £8.80/hour to backfill, we'll be liable for that cost.
That's absolutely outrageous. She shouldn't sign that even if it was her only offer. What if something happened in her life beyond her control that meant she had to quit?
As its effectively unlimited surely its an unfair contract term and unenforceable ?

But I would avoid a company trying to impose such things if I had a choice. Appalling.

loskie

6,670 posts

142 months

Friday 9th December 2022
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outrageous in all ways.

Largechris

2,019 posts

113 months

Friday 9th December 2022
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To add, no, of course not.

Courts have held that an employee is not generally responsible for the losses of an employer as the employee works in the interests of the employer - can't immediately see that specific reference but I've used it in a successful case before.

Further reading:

https://www.stevenmather.co.uk/litigation-solicito...

If it was me, I would absolutely have her take the job, then quit whenever the next one comes up, and laugh at them. It's preposterous and I would love to go to court on it.

plenty

Original Poster:

5,036 posts

208 months

Friday 9th December 2022
quotequote all
Thanks all. The company will need to invest some time and resources into training so I understand they need to put some barriers in place, but yes this is a massive red flag.

Fat hippo

741 posts

156 months

Saturday 10th December 2022
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I am not a lawyer but would be surprised if that was enforceable.
I’d suggest they are aware its not enforceable but are trying to set down their rules prior to you joining to make sure they get a decent return on any investment on their training.

My guess is that there is very high staff turnover and this is a (bullying) tactic to stop you from leaving.
I ‘d also guess that staff would be reminded that they are locked in to this contract.

If someone were to leave, in the event that they did try to recover the costs, they probably also know that they presunably won’t be able to enforce this but some people cant afford the legal fees to defend themselves in court.

Not the sort of place i’d want to work

bompey

605 posts

257 months

Saturday 10th December 2022
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Why not just amend the contract to strike through / delete that clause and then sign?

I agree it’s totally unreasonable.

sociopath

3,433 posts

88 months

Saturday 10th December 2022
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Imagine what an employer who has written that I to a contract will be like to work for.

Run away, very far, very fast.

She could go work at McDonald's for minimum wage and have more freedom

Jasandjules

71,860 posts

251 months

Saturday 10th December 2022
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IIRC similar clauses were deemed not to be enforceable and they were for senior staff. But I would need to look into it a bit further to be more certain...

And for the rate offered, with all due respect to your daughter, I can't imagine this is a role that needs highly specialised skills rendering it difficult to obtain a replacement in any event.

Terminator X

19,320 posts

226 months

Saturday 10th December 2022
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Cross that bit out then sign it? As with all contracts only sign if you are happy with the entire thing and/or change it until you are happy.

TX.

Benbay001

5,830 posts

179 months

Tuesday 13th December 2022
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plenty said:
Thanks all. The company will need to invest some time and resources into training so I understand they need to put some barriers in place, but yes this is a massive red flag.
There are companies up and down the country with the same problem but they dont attatch this condition. Avoid.

gotoPzero

19,738 posts

211 months

Tuesday 13th December 2022
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The whole contract is worth £4200... and they reckon they would go after the employee for their losses... yeah right.

L1OFF

3,635 posts

278 months

Tuesday 20th December 2022
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I worked for a multi national engineering design company a few years ago that wanted me to sign a piece of paper that had been written by somebody in what they thought was "legalise" to absolve the company from corporate manslaughter.