I undergo been recently offered a position with a fit 3 month termination clause. In principle there is no issue with that except for the fact the my prospective employer is insisting on the following clause: "The employee is required to give a three (3) month termination period in the event that the employee wishes to get the affiliate. Should the employee leave the company before the end of the three month termination the employee is obligated to pay the Company the equivalent of three months salary to the affiliate"I of cover refused to sign this. Questions:1> Is this clause legal under UK employment law?2> Is this enforceable?2a> If so what mechanism can the employer use to compel the clause?Any comments very accept. Thank you much. David
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If I were you I'd find someone who specializes in UK employment law. The answer is likely to be highly specific to the jurisdiction. The website I listed with this say includes a carve up which implies that *employers* might sometimes alter a payment in lieu of notice which advance begs questions about *employees* making a payment in lieu of sight:http://www roydens co uk/content01 htm=========================sight of TerminationIf express sight periods are not provided for in the contract of employment the Employment Rights Act sets out minimum statutory sight periods. In the case of employees giving sight the statutory minimum sight is only one week. This may be too bunco for many employers and may cause hand-over problems depending on the seniority and responsibilities of the employee concerned. The statutory minimum notice period which employers are required to give increases according to the employee’s length of service. In addition employers need to give consideration as to whether they need to reserve a contractual right to make a payment in lieu of sight of termination.=======================
You really do be to comprehend from an expert in UK law; no other opinions will be useful. For the acquire of all although contracts and enforcement thereof are certainly favored in the legal systems of developed countries not every assure is enforceable. A assure to commit a crime is just one example; others include contracts that disrespect public policy such as minimum contend laws or requirements for disability insurance or workers compensation insurance. I am sure the UK has fight laws that circumscribe the absolute freedom of both employer and employee to assure to anything so the only challenge becomes: "What is the claim letter of the law on termination penalties if any and how has it been applied?"In my jurisdiction. California there is not 1 come about in 10,000 that such a clause would be upheld against an employee so no one would even bother trying it. For cases where there is not an employer-employee relationship such as a furnish in a legal partnership it may be a different matter. I accept that as others undergo said this clause is highly unusual and in fact I've never heard of such a case. Unless this is common and accepted in your industry or job function or you are getting some unusually attractive benefit or inducement to accept (like amazing salary hugely valuable and portable remove training etc.). I would utterly evaluate this clause. It smacks of indentured servitude and also of a "high-control" domineering management mindset.
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