Will I be forced by my employer to pay for training I haven’t received?

[OoooImBlindedByTheLight]

I started working for my current employer in September.
I had just graduated and my chosen career requires us to work 2 years in employment to get chartered and most employers in this sector offer a structured training schedule and opportunities to get the necessary experience to pass the final assessment and become chartered.

My employer effectively lied about the nature of the job and implied we would get support and training opportunities which would enable us to eventually take our assessment.

It’s a relatively new company and there was only 1 senior member of our team when I joined with the other graduates.

After 2 months another senior member was hired and fired within the same week just before Christmas for gross misconduct. He had been hired to apparently help us with our training.

Another couple of month passed and finally another senior team member was hired to guide our training. He seems really great and finally we were able to register with the central assessment body to start our training. We have to log 2 years’ worth of diaries showing our practical experience on the job.

The registration cost £500 and a years membership is £115. My employer paid for these (as is standard practice) and made us sign a contract saying if we leave the company within 1 year of gaining our chartership then we have to repay what they have spent on membership fees and training - again this is standard practice.

I had been doing well at work and received a promotion, but the actual work I do will in no way support me getting chartered. The job is simply completely different to what was advertised when I accepted the position.

Also covid19 has meant I was furloughed 7 weeks ago so we are obviously not getting any experience or training at all currently.

I have recently accepted a brilliant position on a graduate scheme for a huge multinational company which will start in September.

My question is, in light of all the events that have happened and the fact I will have been employed at my current role for nearly a year before I leave and I will have received NO formal training at all, am I still obliged to repay the money?

Do I have any legal standing with this?

Whilst I understand they have paid the cost of registering me with the assessing body and a years membership but I have not been able to utilise them because of their lack of senior staff and lack or training for us.
It seems unfair that I am effectively paying for something I have not received.

In any other company I would be half way through my training by the time I leave at the end of August, but to date we have done nothing relevant and have logged no diary entries.

Do I have to repay the full £615 when I leave?

Just to add, I am not complaining about covid19 delaying training as that is to be expected.
However, my peers in different companies have still been able to log enough diary entries to cover this period because they have had a vast amount of experience and training from their employers

Anyone?

If they were willing to do the training then I think you need to accept that by leaving you woukd have to pay it back.

I think you need to post this on the employment board. I'm not aware of any employment law specialists who post on here.

if we leave the company within 1 year of gaining our chartership

What does the contract say about if you leave and you haven't even obtained a chartership yet?

@safariboot that we have to repay.

I should have been over half way through my training after a year of employment there, but I have received none so far. It’s one of the main reasons for me leaving the job.

We have to prove we have achieved certain competencies to get chartered and I simply won’t be able to do it there due to the nature of the role.

@RedHelenB they can say they are “willing” but to date we have received zero training and I cannot see how they can provide the relevant training at all.

I'd ask them and see what they say then go from there

Hopefully you are in a union. Have you contacted your rep about this?

There isn’t a union I can join whilst training unfortunately, only once chartered.

I will ask of course, but I’m 99.9% sure they’ll say no.

My only potential saving grace is that I won’t have used any of my holiday so if I resign at the start of August with 1 month’s notice I will nearly break even because they will have to pay my accrued holiday pay

If they have breached your contract by not providing the promised training then they cannot hold you to other terms of the contract.

If you do resign then you might want to mention that it is due to breach of contract on their part. But take professional advice! The institute that you are a student of usually have some sort of support service. Try them first.

Will you be able to continue your charter ship in your new job? If so have you approached them about covering these costs?
The other way to look at is the money is contributing to your future earning potential and is a good investment. If you end up paying yourself you can contact HMRC and claim tax relief if they are the approved bodies list here.