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Payback clause – EU legislation (Further Education Policy)

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Since Susan posted her comments I have been trying to find more details. Eventually went through to the legal advice service of the CIPD and they say there is no alteration under EU legilsation that they know of. Could this area be clarified please, I am in the process of up-dating my policies and procedures and need to know both the present and likely future position.
Ruth Taylor

One Response

  1. EU updates
    I am surprised the CIPD could not assist you further with this. EU legislation in respect of freedom of movement of workers has been developing through our own case law for a number of years and there are case law examples of employer’s payback clauses being disregarded by the courts. I am unable to download to you the case law you need to read to make your own mind up here but if you email me at [email protected] I will send it to you.
    I also suggest that you do take good independant legal advice on this matter. Employment law contracts are a complete waste of time if they are incapabable of enforcement and this area should not cost you an arm and a leg to get drafted professionally.
    Kind regards
    Sue McGaughran
    Chairman
    Training by Design Global Ltd
    telephone 0870 241 3998

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