How to avoid paying recruitement fees

[Cookiedoe1]

Hello,

I've been working as a receptionist for 3 months but i'm very unhappy with it. I'd like to resign but i saw in the contract that i'll have to pay in full the recruitement fee if i leave within 1 year.

I searched on google and apparently it's around 20% of the annual salary for most jobs, which mean i'll have to pay almost 5000£ to leave! That's not something i can afford but forcing myself to continue working there for 7months isn't healthy.

I'd like to know if there's a way i can leave without paying the recruitement fees ? knowing my boss, she'll make sure i pay the requitement fees if i leave as there are trying to save money from everyting...

They have mostly been kind to me so i'm trying to avoid causing them trouble. How can i leave my work place in 8 weeks without legally having to pay those thousands recruitement fees mentionned in my contract ?

[ULA]

Did the contract state what the fee was and is there a sliding scale reduction i.e. the longer you stay the amount is reduced proportionally?

[atticus]

ULA Have you ever seen anything like this? A few thoughts:

Legislation prevents recruiters charging fees to candidates This appears to circumvent that.

It also seems amazingly one-side as the contract probably contains a probation period for the employee.

Last thought is that recruiters' contracts with potential employers often contain provisions for fees to be discounted or rebated if the employee leaves within a specified period.after employment commences.

[ULA]

atticus no seen nothing like before in respect of recruitment, which is why I asked for more information regarding the clause.

As.you say a very one-sided contract for the OP.

[atticus]

I have done some further research. I can find nothing that expressly covers this situation. However, s6 Employment Agencies Act 1973 makes it unlawful for an employment agency to charge a candidate or to receive a fee from a candidate directly or indirectly. It is stretching things somewhat (actually a great deal), but it may be argued that If this clause were to apply, the recruitment agency would be receiving payment indirectly from the candidate.

Sadly, unfair contract terms laws do not apply to terms in employment contracts..

[atticus]

How to deal with this...

Perhaps if you have a conversation with your boss about how you both think it's going, which you might try to steer round to a managed exit on terms which you both agree.If she raises this clause, then you could try saying that if she is going to insist on that you will have to stay the full year.

Think things through. Try to work out as many possibilities as you can and how you will respond to them.

[Cookiedoe1]

Thank you for responding me so quickly ! That's helpful.

Indeed there's a sliding scale reduction.

On my contract it says : "the employer shall be entitled to deduct from employee's wages 100% of any recruitement fees incurred if the employee terminate this agreement within the first 6 months for any reason and thereafter 75% of recruitement fees incurred if the employee terminates this agreement within the first 9 months for any reason and thereafter 50% of recruitement fees incurred if the employee terminate this agreement within the first 12 months for any reasons".

If i understand well, it's illegal to ask an employer to pay for recruitement fees...so it means that an employer would lose in a claim court ?

[atticus]

You have misunderstood. it is unlawful for an employment agency to seek payment of its charges from someone seeking employment. That does not apply to your employer.

[Cookiedoe1]

Oh

I really need to leave by december. Which means after 5 months of working there.

[Cookiedoe1]

So i had a talk with my boss as advised and she tried to convince me to stay by allowing me to take time off and come back and to increase my salary but i really need to leave by end of december so she agreed verbally that i leave. She told me i won't have to pay for any fees when i asked her whenver i need to pay a fee for leaving.

She seems like a good honest woman but i prefer to protect myself. If i write her in an email : to follow up on our chat, just to confirm that we both agreed in that i can live in 23rd of december 2024 without paying any fee ?

Is it enough to make sure no one will be asking me to pay for a fee ?

[atticus]

Is your boss the decision-maker here, or are there people above her?

[Cookiedoe1]

There's no one above her except maybe the practice owner but he's not involve in the hiring process.
She's the one who hired me and she's also the one who signed my contract. There's no other signature on the contract only mine and hers.

[atticus]

I was trying to get at whether this person has the authority to make a decision like that, and will not be overruled. The owner could be such a person with the ultimate decision making authority.

[Cookiedoe1]

Even though the owner didn't sign that contract ?

[atticus]

Yes.