NQ being pressured to staying at firm Watch

Sarah_1471
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Hi,
I qualified on 1.7.19.. I found the job of my dreams to move on to.
My current firm where I completed my TC are being really difficult. The partners have come from another office 3 times to talk me round.
On Tuesday I caved in and said I'd stay. I regretted it immediately.
I have now told them that I do not want to stay and I definitely intend to leave.
They have now produced the training contract I signed. It has a clause stating I must work.for.them post qualification for a period of 2 years if they wish me to.
I am certain this contract expired on qualification.
Anyone else had a similar experience please? What was the outcome?
Thanks
Sarah
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999tigger
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(Original post by Sarah_1471)
Hi,
I qualified on 1.7.19.. I found the job of my dreams to move on to.
My current firm where I completed my TC are being really difficult. The partners have come from another office 3 times to talk me round.
On Tuesday I caved in and said I'd stay. I regretted it immediately.
I have now told them that I do not want to stay and I definitely intend to leave.
They have now produced the training contract I signed. It has a clause stating I must work.for.them post qualification for a period of 2 years if they wish me to.
I am certain this contract expired on qualification.
Anyone else had a similar experience please? What was the outcome?
Thanks
Sarah
Hard to tell without knowing the firms and more details.
Have you contacted the law society/ sra for advice.

You must have known this was coming because you signed the contract?
Did they pay for the LPC and give you any money?
Is there any mechanism for recovering these?

Have you talked to your potential new employer?
Have you looked up the case law? As a NQ id expected youd have been all over the precedents. Go and look them up.
Its a well trodden path.
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Sarah_1471
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Thanks for your reply.
I paid for my own LPC. I have never cost them a penny - my fee earning far exceeded my salary.
Throughout my TC they were hesitating over whether there was a business case to keep me.
Just before qualification it was discovered that they'd forgotten to register my TC and I had a tense 5 week wait to see if my training would be recognised.
The new firm helped immediately and got back to me to say it is unenforceable. Case law appears on my side in that it seems TCs are contracts which are for a fixed term and they essentially expire on completion of training.
And yes, I did know about the clause when I signed but frankly, getting a TC is such a relief , was wasnt concerned about the firm potemtially wanting to keep me post qualifucation.
I posted just to ask if anyone has any recent experience of a similar situation.


(Original post by 999tigger)
Hard to tell without knowing the firms and more details.
Have you contacted the law society/ sra for advice.

You must have known this was coming because you signed the contract?
Did they pay for the LPC and give you any money?
Is there any mechanism for recovering these?

Have you talked to your potential new employer?
Have you looked up the case law? As a NQ id expected youd have been all over the precedents. Go and look them up.
Its a well trodden path.
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999tigger
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(Original post by Sarah_1471)
Thanks for your reply.
I paid for my own LPC. I have never cost them a penny - my fee earning far exceeded my salary.
Throughout my TC they were hesitating over whether there was a business case to keep me.
Just before qualification it was discovered that they'd forgotten to register my TC and I had a tense 5 week wait to see if my training would be recognised.
The new firm helped immediately and got back to me to say it is unenforceable. Case law appears on my side in that it seems TCs are contracts which are for a fixed term and they essentially expire on completion of training.
And yes, I did know about the clause when I signed but frankly, getting a TC is such a relief , was wasnt concerned about the firm potemtially wanting to keep me post qualifucation.
I posted just to ask if anyone has any recent experience of a similar situation.
You are moving anyway.
Let them do their best but I doubt they will do anything, just make sure your new firm is aware. Why is it your dream firm.
Hard to know what you are dealing with when its mystery firms.
Case law speaks for itself in these situations.
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Sarah_1471
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I don't thinking would be prudent of me to name the firms involved and it would have no relevance in terms of the validity of the clause in any event.
I'm 99% certain I'm safe.
The new place is great. Amazing pension, good salary, lots of options in the future and plenty of regular training.
(Original post by 999tigger)
You are moving anyway.
Let them do their best but I doubt they will do anything, just make sure your new firm is aware. Why is it your dream firm.
Hard to know what you are dealing with when its mystery firms.
Case law speaks for itself in these situations.
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999tigger
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(Original post by Sarah_1471)
I don't thinking would be prudent of me to name the firms involved and it would have no relevance in terms of the validity of the clause in any event.
I'm 99% certain I'm safe.
The new place is great. Amazing pension, good salary, lots of options in the future and plenty of regular training.
Gl, something you should be able to figure out for yourself tbh. I dont think it would be good practice for me to go the case law route.
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Sarah_1471
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I only wanted to know if anyone has had a similar experience and what was the outcome.
I havent asked you to go down any route.
Thanks anyway.



(Original post by 999tigger)
Gl, something you should be able to figure out for yourself tbh. I dont think it would be good practice for me to go the case law route.
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flatlined
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The term is an unenforceable restraint of trade. It is not uncommon for third rate law firms to do this. It never has nor will ever be enforceable contractually. Suggest you google.
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Sarah_1471
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Thanks so much.
That's what I thought but I'm.veru grateful to hear it said with such confidence!
(Original post by flatlined)
The term is an unenforceable restraint of trade. It is not uncommon for third rate law firms to do this. It never has nor will ever be enforceable contractually. Suggest you google.
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