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I just resigned! AIBU to not pay for work course before leaving

(211 Posts)
Hellomumsne Tue 26-Nov-19 23:35:33

I have a dilemma I could use some help with.

My job offered for me to go on a very expensive (£4500) course a few months ago. They actually persuaded me to do it and said they'd love for me to have the chance...

At the time I said I've already studied said subject so I wasnt sure I needed it. And I also asked if there were any conditions and was told no.

There's a bit of a back story with a bit of a rubbish and absent manager who's quite clueless... also a little bullying and unfair treatment.

So I've just accepted a new job which unluckily I was offered while doing the course.

I resigned and have now been asked by literally furious manager to pay back the money or face legal action.

It would be easier for the sake of peace to pay back but I would need to take it from my mortgage.

One friend advised me to pay it back for peace. Another advised me to no way pay it back and go to Citizens Advice.

I have no idea. AIBU to walk away without paying (and face legal action)... or should I just take the hit and pay?

ActualHornist Tue 26-Nov-19 23:36:55

I think you need to check your contract. It normally has a clause that it needs to be paid back in the instance that you leave within a certain timeframe.

MissBPotter Tue 26-Nov-19 23:37:12

Have you checked your contract? If there is nothing in writing I doubt they can enforce this so I wouldn’t pay, but depends on the email trail/small print.

pugparty Tue 26-Nov-19 23:37:42

Is it in your contract, or did you sign any kind of study agreement that you would need to pay it back?

Are you in a union? I'd suggest speaking to them, or ACAS if not before you go back to your work.

maddening Tue 26-Nov-19 23:37:51

Did you sign anything about the study request, do you have any evidence that you were told that there were no conditions?

Passthecherrycoke Tue 26-Nov-19 23:39:09

No don’t pay it back. Presume you didn’t sign anything when you registered for the course?

liviadrusilla Tue 26-Nov-19 23:39:50

Do not pay it back! There have been similar queries on askamanager.com (US based, but good general advice and in most cases we have better employment rights). I think if there were no conditions when you signed up to it then it’s just a cost of doing business for them.

Hellomumsne Tue 26-Nov-19 23:41:31

No, unfortunately I don't have any evidence that they said that. My manager just answered no when I asked him about conditions...

MyKingdomForBrie Tue 26-Nov-19 23:42:50

What does your contract say. If there's no mention then they haven't a leg.

Hellomumsne Tue 26-Nov-19 23:44:11

I'm not in a union. The company owner said my "behaviour is absolutely unfair".

Hellomumsne Tue 26-Nov-19 23:44:37

... in that I accepted to go on the course

Hellomumsne Tue 26-Nov-19 23:45:40

They initially said they would take it from my salary before realising it's quite a lot more than my actual salary

EmmetEmma Tue 26-Nov-19 23:47:54

Presumably if there’s nothing in your contract they can’t take it?

dreichthanksgiving Tue 26-Nov-19 23:48:04

Even if you signed a repayment clause I believe they are not enforceable under UK law.
If you haven't signed anything saying you will stay for a set period after completing the course or repay it then you don't have to.
It doesn't matter how cross they are.

Look at your employment contract. Talk to HR department or equivalent.

june2007 Tue 26-Nov-19 23:49:01

I CAN SEE THERE POINT OF VIEW. bUT UNLESS YOU SIGNED SOMETHING OR IT IS IN YOUR CONTRAACT I THINK IT,S TOUGH. (SORY ABOUT THE CAPS.)

Hellomumsne Tue 26-Nov-19 23:49:14

My contract doesn't mention training. Just that any "losses" will be taken from the salary.

Longfacenow Tue 26-Nov-19 23:52:15

Contact ACAS for advice.

marchez Tue 26-Nov-19 23:52:29

You need to have signed a separate agreement, they haven't got anything legally enforceable, this is not deemed a "loss" for these purposes.

They should have got you to sign something beforehand, their loss.

Passthecherrycoke Tue 26-Nov-19 23:52:43

No they can’t take it. Tell them if they take anything from your salary you’ll be taking legal action (after you’ve got your reference! H

Hellomumsne Tue 26-Nov-19 23:52:43

HR have already sent me bank details and asked for a quick payment, so unlikely to be much help... it's the company owner who is so angry now (for a large company with plenty of money) so no one will want to go against her requests...

Passthecherrycoke Tue 26-Nov-19 23:53:31

What you could do if you don’t want to rock the boat is give the impression you’ll set up a payment plan or will pay later then forget about it

marchez Tue 26-Nov-19 23:53:35

Edit, dont talk to HR, they are employed by the company to look after the interests of the company.

ACAS or independent legal advice is your best bet

Hellomumsne Tue 26-Nov-19 23:53:49

Yep, I didn't sign anything.

marchez Tue 26-Nov-19 23:55:01

What you could do if you don’t want to rock the boat is give the impression you’ll set up a payment plan or will pay later then forget about it

Absolutely do NOT do this, if it ever went to court they could use the intent to pay against you and that could see you liable.

SorryDidISayThatOutLoud Tue 26-Nov-19 23:56:02

OP, the employer can only take the money from your salary if you agreed the whole course thing in writing. Otherwise you could have a claim against them for unlawful deduction from salary. Speak to ACAS, it’s free.

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