Repayment of Relocation

A question about : Repayment of Relocation

I resigned from my last job, where I worked for 19 months, due to the fact I was given a different role than that I applied for. At the time of my application, the company was advertising for 2 different roles. I made clear I was applying for only one role, however, when I received my contract, it had a different role to that I applied for. I queried this with HR and was told, as it was a start up company, I would initially work in a dual role capacity but this didn't work contractually. However, as soon as the company was big enough to warrant distinct roles, I would revert to the role I applied for. I have this on email. This did not happen, nor was training offered for the - rather specialist role - I was expected to fulfill. I work in the aviation industry and safety was an issue, so far as I was concerned. When I expressed my concern and dissatisfaction, I was told that if I didn't like it I could resign - which I did so upon finding a new job. They are now taking me to court for repayment of relocation expenses.

I offered to pay part of the amount, which was refused. I agreed to mediation, which they also did but, when it came to the telephone appointment, the mediation service had to abandon the call because my employer refused to mediate.

The case will now go to court. Is there anyone who is able to offer any advice? Anything will be much appreciated.

Best answers:

• What was written in your contract, or what do you have in other written documentation, about relocation expenses? i.e. what authority are they claiming to have to request repayment?
• When I was told I would be getting relocation, I was told that if I left within a year, I would have to payback 100%, after a year I''d have to pay back 50% and nothing after 2 years. However, in the relocation policy it is written that these time schedules apply from date of last claim. Hence, had I been selling & buying a property & claimed the whole lot at the beginning of my employment, I would only have to pay back 50% (an amount I was prepared to offer had they been prepared to mediate). However, because I was renting, I was claiming monthly so the date of my last relocation payment falls within the 12 month period, despite the fact I worked there for 19months.
• Sounds like you'll lose then as the terms are written down. The court should apply the terms of the relocation policy strictly as written.
• I have no choice. I had to provide receipts for every penny so the money is not sitting in an account. Nor did I have any choice in leaving - if you give a lawyer a spanner and ask him to fix an aircraft, would you let your children fly in that aircraft? The company have refused every offer I can afford. There are also other issues with the relocation policy but it's difficult to go into lengthy issues on a forum, I guess. Thanks for the advice.