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View Full Version : Umbrella Company | Notice period under probation - not clear?



rock
7th May 2012, 18:54
I am employed with an umbrella company who holds my visa and assign me on different contracts. I joined this umbrella company 2 months back and after lot of struggle was able to get a contract recently which I will join in a day.
The company has changed the contract and asking for more profit share. This is bad and they can change it again and make it 50-50 in coming days. I want to get out from this company and move back to my country or find new employer. Here are the terms that was in contract. Please suggest what can happen :
a. If I give 45 days of notice period and leave the company?
b. I am still under probation, so what is the min notice period that I should give and what all can company claim from me? Please refer to #1 as it does not say anything about resigning in probation period.

1. The Employment shall start on xxxxx date and, serve an initial probation period of three months. If the employee is retained subsequent to this period, subject to the provisions of this agreement, the employee will continue until terminated by either party giving to the other not less than three months' notice in writing.
2. At any time prior to the end of the fixed term set out in clause 1 or during
any period of notice of termination served in accordance here under (given by either party), the company has the right at its absolute discretion to assign no or alternative duties to the Employee and shall be entitled to require the Employee to act at the direction of the Company.
3. The employee commits to be under the employ of the company for a minimum of 18 months under billable conditions. In case the employee wishes to terminate the employment prior to the above mentioned period, the company reserves the right to claim expenses incurred while recruiting the employee constituting a minimum of £3500.


What is the best way to get out with minimum loss? I don't care about references from this company..

:confused:

LisaContractorUmbrella
8th May 2012, 08:01
I am employed with an umbrella company who holds my visa and assign me on different contracts. I joined this umbrella company 2 months back and after lot of struggle was able to get a contract recently which I will join in a day.
The company has changed the contract and asking for more profit share. This is bad and they can change it again and make it 50-50 in coming days. I want to get out from this company and move back to my country or find new employer. Here are the terms that was in contract. Please suggest what can happen :
a. If I give 45 days of notice period and leave the company?
b. I am still under probation, so what is the min notice period that I should give and what all can company claim from me? Please refer to #1 as it does not say anything about resigning in probation period.

1. The Employment shall start on xxxxx date and, serve an initial probation period of three months. If the employee is retained subsequent to this period, subject to the provisions of this agreement, the employee will continue until terminated by either party giving to the other not less than three months' notice in writing.
2. At any time prior to the end of the fixed term set out in clause 1 or during
any period of notice of termination served in accordance here under (given by either party), the company has the right at its absolute discretion to assign no or alternative duties to the Employee and shall be entitled to require the Employee to act at the direction of the Company.
3. The employee commits to be under the employ of the company for a minimum of 18 months under billable conditions. In case the employee wishes to terminate the employment prior to the above mentioned period, the company reserves the right to claim expenses incurred while recruiting the employee constituting a minimum of £3500.


What is the best way to get out with minimum loss? I don't care about references from this company..

:confused:

This does not sound like a normal umbrella company. I do not understand your comment about 'profit share' - are you saying that the company agreed to pay you a certain amount but have now changed it?

I am not a lawyer but I would assume that clause (3.) would be unenforceable as it would not be reasonable for an employee to have to pay for their own recruitment costs.

Clause (2) again looks very odd - it is saying that there is no obligation on their part to give you work whilst you are under notice. An employment contract has a required mutuality of obligation which is broken if this clause is enforced and which then could, by default, terminate the employment.

A probation period is not unusual but there should be reference to the notice required during that period.

In my opinion you should be able to terminate the contract with a reasonable notice period, say 30 days, but it sounds as though any money owed to you by the company could be retained in accordance with clause (3). As I said I think this clause is unlawful and unenforceable but you may have problems getting the money back.

I would suggest that you get some proper legal advice - a lawyer really should look over the whole contract for you.

Good luck

rock
8th May 2012, 19:29
This does not sound like a normal umbrella company. I do not understand your comment about 'profit share' - are you saying that the company agreed to pay you a certain amount but have now changed it?

I am not a lawyer but I would assume that clause (3.) would be unenforceable as it would not be reasonable for an employee to have to pay for their own recruitment costs.

Clause (2) again looks very odd - it is saying that there is no obligation on their part to give you work whilst you are under notice. An employment contract has a required mutuality of obligation which is broken if this clause is enforced and which then could, by default, terminate the employment.

A probation period is not unusual but there should be reference to the notice required during that period.

In my opinion you should be able to terminate the contract with a reasonable notice period, say 30 days, but it sounds as though any money owed to you by the company could be retained in accordance with clause (3). As I said I think this clause is unlawful and unenforceable but you may have problems getting the money back.

I would suggest that you get some proper legal advice - a lawyer really should look over the whole contract for you.

Good luck

Thanks Lisa - this really helps. Is there a similar forum where I can seek inputs from an employment lawyer? I am more keen to work with a company or people who are honest and clear in terms and I can focus on my work and does not have to worry about such things. :tired

LisaContractorUmbrella
9th May 2012, 06:51
Thanks Lisa - this really helps. Is there a similar forum where I can seek inputs from an employment lawyer? I am more keen to work with a company or people who are honest and clear in terms and I can focus on my work and does not have to worry about such things. :tired

I would be surprised if there were lawyers anywhere offering free advice on a forum but you could contact the Citizen's Advice Bureau who may be able to point you in the right direction