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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience:  Solicitors 2 years plus PQE
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I am hiring a candidate who is on secondment in UK from India.

Resolved Question:

I am hiring a candidate who is on secondment in UK from India. We have cleared all immigration steps for him to join my company. However his current company is threatening to claim some amount of money from him, if he quits the company while on secondment. I am wondering if this is legally enforceable in the UK?
I will share the document that the candidate signed with his current company in UK regarding secondment.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you have the exact wording of the clause that they are relying on to do this?
How much money can they claim?
Kind regards
AJ
Customer: replied 2 years ago.

Dear Alex,

I am trying to attach the document. But unable to do it via this website. Is there any other way I can get you the doc?


***@******.***

Thanks,

Vincent .

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Can you send it to***@******.***
Kind regards
AJ
Customer: replied 2 years ago.

Dear Alex,

I have sent the document to the email mentioned above.

Thanks,

Vincent.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
It has not arrived yet, I will chase it up today.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
I have just received the document.
Apologies for the delay.
I am reviewing it now.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I have reviewed the document.
It does not contain any specific covenant other than an obligation on him to return to India.
Charging someone a penalty for terminating their employment will not be enforceable under English Law. They may be able to charge him if they advanced him money for training or a loan for example.
What you need to do is check his employment contract with the company in India. If he has restrictive covenants in that contract then you could potentially be sued if he is induced into breaching those covenants by your company.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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