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Repaying training costs

32 replies

MelissaD10 · 15/03/2024 07:52

My husband started a new job last year. It had a clause in the employment contract that if he left within 30 weeks that he may have to pay for the training he had initially up to £7000.

he left at 26 weeks (I wasn’t aware of all this as I personally hadn’t read the contract) and they said he would have to repay and they would work out what was owed taking into consideration service etc. and get back to us the next day. This was now 9 weeks ago, any idea how long after legally they can pursue the money?

OP posts:
AllEars112232 · 15/03/2024 21:28

MelissaD10 · 15/03/2024 20:53

Sorry, I’ll explain.
he had a salaried job, took on this self employed job doing something else on the side. But then was made redundant from his salaried job, so we had to replace that salary. Unfortunately the new job and the self employed job conflicted with times etc. and he couldn’t have done both.

the 7k is definitely not justified in my honest opinion. It was a remote course over the course of a couple of days, taken by a salaried employee of the company. A few grand maybe, but not 7

Personally, I’d not pursue this with them any further then if they send an invoice I’d let them take you to court to prove the reasonableness of the debt. Sounds like they are not on totally firm ground because a) he was self employed and b) can they prove he had £7000 worth of training? I doubt it!

prh47bridge · 15/03/2024 21:50

The fact he was self-employed is irrelevant. He signed a contract. The terms of that contract will apply unless he can persuade the court that they are unfair. It is not obvious that this term is unfair. A business training a self-employed contractor will want some return on their investment. They don't want the contractor to leave as soon as they've finished training. A claw back clause may well be held to be a reasonable way of achieving this.

The better line of attack is whether the training was worth £7k if that is what they try to charge.

Freakinfraser · 15/03/2024 21:52

AllEars112232 · 15/03/2024 21:28

Personally, I’d not pursue this with them any further then if they send an invoice I’d let them take you to court to prove the reasonableness of the debt. Sounds like they are not on totally firm ground because a) he was self employed and b) can they prove he had £7000 worth of training? I doubt it!

I’d be wary of this advice op and speak to a lawyer, as a court will simply enforce the contract he willingly entered. refusal to pay is breach. Im sure they can easily prove the cost of the training.

As such, if they need to take you to court, they will win, and you will also pay their costs if they do.

Citrusandginger · 15/03/2024 22:03

I did occasional work for a company at one time that had this in their contract for freelancers. In practice, it was a^ we have the right to^ phrase and was not actually enforced to my knowledge. It was to avoid contractors messing them about by training and then never actually doing any shifts.
^
Can't guarantee it, but just because they have the right to claw back money, doesn't mean they will.^

Freakinfraser · 15/03/2024 22:21

Citrusandginger · 15/03/2024 22:03

I did occasional work for a company at one time that had this in their contract for freelancers. In practice, it was a^ we have the right to^ phrase and was not actually enforced to my knowledge. It was to avoid contractors messing them about by training and then never actually doing any shifts.
^
Can't guarantee it, but just because they have the right to claw back money, doesn't mean they will.^

But they have said they will. I’d assume they aren’t saying it to prank him.

FunnyFinch · 16/03/2024 11:00

given the op and her husband were taken by the surprise by the training cost contractual condition, I would hazard a guess that quite a bit of the detail the OP has provided following the initial post is…. probably pretty inaccurate

MelissaD10 · 16/03/2024 13:33

FunnyFinch · 16/03/2024 11:00

given the op and her husband were taken by the surprise by the training cost contractual condition, I would hazard a guess that quite a bit of the detail the OP has provided following the initial post is…. probably pretty inaccurate

I was taken by surprise because I didn’t read the contract as previously posted.
And no thank you the detail is accurate thank you very much, why would I lie? 😂

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