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Is there such a thing as an unfair contract

Last post 07-07-2009 9:55 AM by Memphis Belle. 5 replies.
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  • 03-07-2009 1:53 PM

    • FPM
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    Is there such a thing as an unfair contract

    My new company, after initially indicating willingness to amend the 'standard' contract has now said it won't, leaving me with a 'take it or leave it' option. I have grave concerns about a number of areas, including clauses to prevent me working within 100 miles for 2 years after leaving, to allow the company to take money from salary without notice (and with no limit) & to relocate me permanently anywhere etc.  Given 24 hours to decide, I have had no choice but to sign the contract. Where can I find out whether these clauses can really be enforced ? 



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  • 03-07-2009 2:27 PM In reply to

    • Adhna
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    Re: Is there such a thing as an unfair contract

    You need to take the document to an employment specialist for detailed advice, and even then you can only get an informed opinion (as opposed to a definitive answer).



    "What we do during our working hours determines what we have; what we do in our leisure hours determines what we are." - George Eastman (Inventor 1854-1932)
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  • 03-07-2009 2:30 PM In reply to

    • HazelC
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    Re: Is there such a thing as an unfair contract

    I would have grave concerns in signing this document!  Preventing you from working within 100 miles for 2 years after leaving?  Are they indicating that you would have to move town just to live and work in the event that you should leave as you could not reasonably commute that distance every day?  I wouldn't say that any employeris within their rights to force those kind of demands.   If they were to relocate you permanently anywhere, they should be consulting with all / any affected employees.  

    Are they implying they effectively own you?


    If this is serious, I would be seeking legal advice before putting pen to paper.  These clauses, if true, are laughable in my opinion.




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  • 06-07-2009 1:52 PM In reply to

    • FPM
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    Re: Is there such a thing as an unfair contract

    Having been out of work for a while, I looked at the cost of a solicitor to review it, but just can't afford the fees. Any suggestions on 'cheap but reliable' ?



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  • 06-07-2009 5:05 PM In reply to

    • stan
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    Re: Is there such a thing as an unfair contract

    I would never claim to be cheap but am reliable

    Peter

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  • 07-07-2009 9:55 AM In reply to

    Re: Is there such a thing as an unfair contract

    For free advice I would call the ACAS helpline 08457 474747.

    Personally I think most of the more unreasonable clauses are unenforceable - I wouldn't be too concerned if it was me. You need to make a living and legally they can't stop you from working where you like! As above, they need to consult if they want you to relocate - if they don't they are breaking the law not you. To be honest, if the company produces such a document it's probably not worth taking them on as they are unlikely to change anything and it will only cause you stress and more worry. If it was me, I wouldn't be majorly concerned about signing it. If something is so unreasonable it's up to the employer to enforce the clauses not you.

    For reassurance though, it's worth giving ACAS a call.

    Good luck.



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