Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How far into the contract and package are you? Please can you also confirm whether you wish to resign on the payback basis mentioned? Thank you
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Hi there sorry I forgot to ask - do you have the exact wording of the clause in question please?
The issue is that this wording will be open to interpretation so there would be a potential argument for both sides. In your support, the clause does not specifically say ‘if you hand in your resignation’ which would have required you to actually wait until the 12 months are up before being able to submit your resignation. On the other hand it only mentions ‘if you resign’ which one may interpret as being the actual end of your employment through resignation, meaning that you could potentially hand in your resignation before the 12 months and time it so that the actual resignation occurs when that period is up.
However, it is best not to assume that the employer would be happy with that so you should check with them that resigning as you had intended is acceptable – it would give you a good indication of whether they are also likely to challenge this and take it further, such as by making a claim to pursue you for that money.
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