Hello, my name is Ben and it is my pleasure to assist you with your question today. can you tell me is this the first job you have been given by the agency.
OK thank you, please leave it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Hello again, the odds of predicting whether you can get away with it are like the odds of predicting next year’s Grand National winner – quite uncertain. It is impossible to say that there is a good chance they won’t pursue this and allow you to leave without further repercussions – no one apart from the company knows the answer to that because they are the ones making the decisions. One company could throw the legal book at you and pursue you as far as they can, another could just threaten you but not take it any further, the next one could do absolutely nothing and let you go off to your next job. It could be any of these and it is impossible to predict which camp your employer would fall into – it is very subjective as you can imagine and it would really depend on the people calling the shots.
I would not say that the breached are so serious here that you can claim constructive dismissal. I understand that failure to provide induction may not be ideal but is it serious enough for you to say that this is just the last straw and you simply cannot continue working there as a result – probably not, even if that is how you felt.
Therefore you are relying on the probability of the company pursuing this in the first place (impossible to predict as discussed above), and whether they can show the court that the clause was properly incorporated into the contract, that you were aware of it and the repercussions of breaching it and that the costs incurred were reasonable and that after trying to minimise them they have still incurred such losses.
There are a few ‘ifs’ as you can see and something that cannot be avoided at this stage and this is how these matters work out – there is always a risk in breaching the clause and leaving as much as there is a risk in the employer pursuing you for the fees. In the end only a judge can decide who is correct and who should pay and what, and another difficulty is that they may use their own personal judgement about this so the outcome will also likely differ depending on who hears the case.
Hope this clarifies your position?