W
WH100
Guest
Hi Newbie here.
I have a couple of questions regarding a situation I am currently in, whereby I have resigned from my post ( due to a TUPE transfer ) but the company I work for are requesting that I payback approx £1600 for a course I undertook about 1 year ago. ( German language training).
I am aware that the company has the right to do this, and indeed I signed a form to allow them to do this however I feel I have several mitigating circumstances that I'd like someone to advise before I cough up or fight it.
these are:
1) I resigned my post after being informed my role was to be TUPE'd, I am led to believe that upon being TUPE'd, I could leave the new employer and it would not be able to chase me for the money, as I no longer work for the old employer where the debt lies. Therefore have they already waived this right to claim back the money by deciding to TUPE my role?
2) Company policy is that Agency staff are not allowed to apply for headcount roles. Therefore I would be doing the same job ( title ) sitting at the same desk, dealing with the same people, but from the date of transfer I would no longer be allowed to apply for a role that I could have done the day before. ( It is even written in internal job adverts as to who can and can't apply)
3) I am leaving the role primarily because of reason two, but also because I undertook a grievance against my line manager for esentially being very poor at his job and mismanaging my role, not setting objectives and being unfair in my appraisal etc, undermining me and being a bully. I would still have to work for him going forward and that wasn't sustainable due to a breakdown in trust. FWIW the grievance upheld my complaint of incompetance but not bullying.
I have found a new role, ( as I was looking anyway in case I was TUPED due to the above reasons) which start early Sept, the date for TUPE was 1st Oct, my last day was today. So we are talking about a month in effect.
So am I going to have to pay this in light of the circumstances above, or do I have some scope for manouvre here?
Any advice would be gratefully received?
TIA
I have a couple of questions regarding a situation I am currently in, whereby I have resigned from my post ( due to a TUPE transfer ) but the company I work for are requesting that I payback approx £1600 for a course I undertook about 1 year ago. ( German language training).
I am aware that the company has the right to do this, and indeed I signed a form to allow them to do this however I feel I have several mitigating circumstances that I'd like someone to advise before I cough up or fight it.
these are:
1) I resigned my post after being informed my role was to be TUPE'd, I am led to believe that upon being TUPE'd, I could leave the new employer and it would not be able to chase me for the money, as I no longer work for the old employer where the debt lies. Therefore have they already waived this right to claim back the money by deciding to TUPE my role?
2) Company policy is that Agency staff are not allowed to apply for headcount roles. Therefore I would be doing the same job ( title ) sitting at the same desk, dealing with the same people, but from the date of transfer I would no longer be allowed to apply for a role that I could have done the day before. ( It is even written in internal job adverts as to who can and can't apply)
3) I am leaving the role primarily because of reason two, but also because I undertook a grievance against my line manager for esentially being very poor at his job and mismanaging my role, not setting objectives and being unfair in my appraisal etc, undermining me and being a bully. I would still have to work for him going forward and that wasn't sustainable due to a breakdown in trust. FWIW the grievance upheld my complaint of incompetance but not bullying.
I have found a new role, ( as I was looking anyway in case I was TUPED due to the above reasons) which start early Sept, the date for TUPE was 1st Oct, my last day was today. So we are talking about a month in effect.
So am I going to have to pay this in light of the circumstances above, or do I have some scope for manouvre here?
Any advice would be gratefully received?
TIA