Work Redundancy

[Rik398]

Evening All,

So, long story short, and I appreciate that in this kind of scenario the devil is in the detail, I was contacted by a manager at work suggesting that I either move to a different are of the business (which I am not interested in) or get made redundant.

So, the contract that I am on, does say that I am required to move around with the businesses needs as and when required (large company but will obviously not disclose who). So, contractually that is quite correct. I should add a bit of back story:
- I joined as a graduate.
- It was revealed, post interview, that as part of the role we needed to undertake a master’s degree, as the current degree was not acceptable / relevant (I had previously done a BSc in Psychology, and then teacher training, and neither were remotely relevant to this position) current position is in construction on the finance side.
- As a result, we were required to undertake said course, and also required to sign an agreement stating the repayment terms of said course, which are obviously fairly high due to it being a degree programme (7k)
- My manager tells me there is no work in the current business stream, and so I should go somewhere else, except
a) Another member of staff, not commercially trained, was given 1/3 of our turnover to "look after". Has since revealed that they are leaving 200 miles away, and was offered to work from home to complete said role. This is what I was previously looking after.
b) I am on a graduate programme, have completed the programme, and the ball was rolling for the promotion. Promotion was agreed in principle (nothing specific in wring, but enough email trail to suggest the offer) in June 19, and I am still waiting for the promotion. Worth nothing here that there were other graduates, who started 6 months behind me, and we are all being promoted at the same time for administrative convenience for the company.
c) There are other people, from other areas of the business who are being given schemes to look after. I.e. the suggestion is that there is no work so I have to move, but there is work, it’s just handed to other people.

I should note that the company is not all that bad, I have been given recognition and awards in return for me efforts to date.

The point being, that I don’t want to move, in the circumstances don’t see why I should have to (if redundancy is threatened, at least do it properly?) and so am generally thinking that I won’t. On a separate note, what the company is offering is a specialism which would restrict my wider appeal to the industry.

Essentially, I need advice on my agreement to repay course fees.

The agreement:
1- is incorrect. Instead of a sliding scale, they have drafted it in error, and it’s actually a reverse sliding scale. I.e. 30% course fees if I leave this year 70% if I leave next year. This is a clear error in the agreement
2 - My understanding of these agreements, is that they must be a genuine pre estimate of loss. I can say that the company fully intended, and I was requested, to increase my charge out rate to the client to cover the cost of my course. As a result, presumably, if the employer is recovering the cost, how can I be made responsible for a percentage of the total of course fees? If I have worked at the company for 3 and half years, by my estimation the costs have been fully recovered?
3 - Do I have a case in terms of back pay for the promotion? If it was agreed in principle circa 6 months ago, would I be able to argue that this was a broken promise, and offset the back pay against the fees due? (Is my continued service at the company, based partly on this promise considered "consideration" on my part? Could I argue that the reverse sliding scale (despite being a clear error) is a restriction of trade?)
4 - Is there an argument to suggest that I was coerced into signing the agreement? My contract makes no mention of having to complete a course. But, a) my agreement was signed after starting the course and b) should I be held responsible for acquiring the qualifications required for my position after accepting the job offer that required them, in the absence of it being made clear that I should do the course?

Appreciate anyone that got to the end of the long read. Much appreciated. I have never got into any legal issues ever but it seems it’s all coming at once at the moment.

Also, I appreciate that advise and a trip to a lawyer may be requried here, so ultimatley, I am looking for which is the best potential argument or whether I am likley to have a case at all?

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[luxardo]

It seems you have two problems. Firstly the redundancy threat and secondly the repayment of fees if you leave.
If your contract says they have the right to transfer you anywhere they want and you refuse, you could be dismissed, never mind made redundant, so be careful.
It seems they are claiming there is no work for you and you admit as such by saying "it is there but being handed to other people".

In reply to your points I would say :-

a) irrelevant
b) irrelevant
c) this is their main case, there isn't enough work for everybody

1) if it's incorrect why did you sign it or not point it out when you discovered the error ?
2) does it state this on the agreement ? if not then tough !
3) in short NO, the promotion was never offered only inferred
4) whether or not the course was part of the contract is irrelevant, you agreed to take it and you agreed to pay back the fees

[Rik398]

Thanks for the reply.*

Yes the contract does say they can move me and that I can be dismissed if I refused. I haven't refused as such, just voiced that I wouldn't be happy to my line manager.**

I'm terms of the promotion, it was offered, and I was requested to give information needed to fill in the change forms back in July. Management have admitted that they were waiting to do everyone at the same time to avoid having to get multiple sign offs.*

Currently, I have applied for a different position within the company internally, so there is the possibility that all this could be avoided if I am offered it.*

[luxardo]

Good Luck

[Rik398]

So, there has been an update.*

Someone in the business had said they were leaving, and on that basis, they decided that I could stay in my current role. The problem is, the person who said they were leaving has now decided that they aren't, but haven't told management yet.

In the meantime, my 'development programme' which has come to an end, and I have recently received a new employment contract to sign to go with the official promotion offer.

This new employment contract, has no mention of training at all, let alone any clause that references repayment of training costs.*

Presumably then, this new contract replaces the old one and doesn't hold me to any training costs, which would leave the company relying on the training agreement alone as a source of recouping training costs?

I have an interview else where shortly, and have been trying to clarify with HR what my theoretical liability to the company, but the response from them was to ask someone else in the department, who is yet to get back to me. I imagine that they may have lost my training agreement.*

Does signing a new employment contract (and therefore new offer) nullify the previous one and therefore make me no longer liable to repay? I have essentially accepted an offer for a position there which makes no mention of paying back costs.

I am trying to establish what I owe to company so that I can make possible arrangements to cover the cost with a potential new employer but currently have a new contract that says I owe nothing and a training agreement that could well be lost and is incorrect and which hr are not responding to my queries on.*

Thanks again*

[ULA]

Is the agreement regarding the repayment of training costs a separate document to your original contract? If so then is will still stand when you move to your new contract.*