Employer making me pay for my full course

[RBev]

It has been hell where I am currently working so I have found another job as I no longer want to work in this environment.

They put me on a course and the deal was if I done the course I have to stay for two years after completion. It has now been over a year since completing the course and they said that I have to pay the full amount before leaving.

They have given me a leaving date but have not put this in writing as they will decide when I can leave once they've found someone to replace me.

They've refused to meet my union as I have requested a meeting and said I have to pay the full amount and that is it as I have signed a contract that if I leave before two years I have to pay for the course.

Any help would be much appreciated.

[nerdsville]

Did you sign an agreement to repay the full course fees if you left within two years? If so, what are your reasons for why this should no longer apply?

[kjhkj]

You entered into the agreement that you would pay for the course if you left within two years. So you have to pay.

[DrinkFeckArseGirls]

I’m afraid it sounds as they’re correct.

[HeadintheiClouds]

That’s a fairly standard clause when a company is investing money in your training that’s transferable elsewhere.
Why would your union get involved? You’re contractually obliged to do this

[HappyHammy]

You signed and agreed you need to pay back the whole cost if you leave.Ive have thought either pay or wait until your 2 years are up. Are you sure they can tell you when to leave. what is your agreed notice period

[Snooper22]

I was in the same situation just recently. They took my whole last months wage to cover my training. There was nothing I could do as I signed a training agreement.

[ApplesOrangesPears]

Why would you think you wouldn’t have to pay? They made their position clear at the time of the training and you signed a contract agreeing to it. I’m not sure why you’re surprised that they’re enforcing it. It’s pretty standard.

[AmIThough]

Yeah they had to pay the full cost and you're using it to benefit someone else - why would you not expect to have to pay it back?

However, if you don't need their reference, I'd leave when it suits you and let them take it out of your final pay packet.

For example, if you get paid on 31st August I probably wouldn't go back on 1st September

[Horehound]

Yep, that was the deal.

My brother had to do this, cost thousands

[HeadintheiClouds]

Are you also on a fixed term contract that you’re trying to end early? I don’t understand your point about them telling you when you’re allowed to leave, can you elaborate on why you need permission?

[AbbieLexie]

Do you have a copy of the paperwork you signed agreeing to this?

[Notthebradybunch]

That's standard, if a company pays for a course you would be expected to pay if you leave before a certain period of time, it is the same at my organisation. As it's benefitting you now and not them I don't think it's an unreasonable request.

[OtraCosaMariposa]

You signed an agreement saying you'd have to pay the money back if you left within two years.

You are leaving within a year.

So of course you have to pay it back, I can't see why you'd think otherwise.

[peachgreen]

This is a pretty common contractual clause. Not much you can do I'm afraid.

[flowery]

"They have given me a leaving date but have not put this in writing as they will decide when I can leave once they've found someone to replace me."

That doesn't make sense. As long as you give notice as set out in your contract of employment, you decide your leaving date, not them, unless they are dismissing you.

"They've refused to meet my union as I have requested a meeting and said I have to pay the full amount and that is it as I have signed a contract that if I leave before two years I have to pay for the course."

Why have you asked them to meet with your union? Is there more going on here than just you resigning and wanting to get out of the training fee clawback you agreed to? Have you got a reason why the restriction shouldn't apply in this instance?

[HobbyIsCodeForDogging]

Of course you have to pay if that's the contract you agreed to.

However the part I think they're incorrect about is your leaving date - you'll have a notice period you have to give, they can't make you stay on longer until they find a replacement. So in that respect they should be able to confirm your leaving date regardless of any recruitment.

[Robs20]

Pretty standard to have to repay the cost of the course if you break the terms of the agreement. DH had a similar agreement and had to stay 2 years after a work funded uni course.
However, I don’t think they can dictate when you can leave? Surely you have a notice period (1 month? 3 months? Etc) and your last day is dictated by that.

[georgialondon]

They're doing exactly what you signed up to. Why do you think they are in the wrong or that the agreement you signed shouldn't apply to you? It's a bit baffling.

[SconeofDestiny]

See an employment lawyer ASAP.
Just because you signed something doesn't make it legally binding.
In this case, I think your employer would fail to convince a tribunal that requiring you to stay for 2 years following the training is reasonable.
Usually 6 months is the norm, depending on the profession you're working in.

[SconeofDestiny]

Ignore all the non lawyers on this thread who are talking nonsense.

[ChicCroissant]

2 years is standard IME OP, are you trying to leave earlier than your notice period as well?

[flowery]

The piece of case law which held that a reasonable period of service after training to avoid paying back fees is lawful involved a restriction of two years. That length of time is not uncommon. A sliding scale is usual though.

[HeadintheiClouds]

But why do you feel they can dictate when you leave, op? There’s obviously far more to the contract you signed than you’re admitting to

[RebootYourEngine]

Why are you leaving? Are you being sacked or choosing to leave?