Can employers claim back training costs after they dismiss you???

[Dramalittlemamma]

I have jst been given 4 weeks notice from my employers on the grounds that i am not suitable for the post!! I am planning to seek a bit of advice on the matter but meantime i have recieved final salary details etc from my employer and they are planning to deduct recent training fees which they paid for from my final wages!! can they do this??? I havent even signed anything saying i will pay back fees if i leave never mind if they dismiss me, there is nothing in my works contract and it was them that requested i attend the training...please help!!!!

If it's not in your contract then no, they can't claim the costs. Your contract will be made up of all the terms and conditions your company applies so if the information does exist it may be on an intranet site or in an employee manual. If you can't find it ask you HR dept to show you where the information is. If they can't then they can't claim the costs from you.

TBH it is not unusual for an employer to claim back costs if you resign but it would be very unusual for them to claim them back if you're made redundant.

What grounds are they using to make you redundant?

Did they tell you when they agreed to pay for the training that if you left you would have to reimburse the company the cost of the training?

Our company does this with regards to external training and travel loans - they are approved on the understanding that if you leave with a certain period after the training is completed then you pay them what it cost.

I am being made redundant on the grounds that i am not suitable for the post!! They are a very small/very new business, no HR dept! They mentioned that if we left we would have to pay back training costs but this was a conversation..nothing has been signed or written down..they also never mentioned that the costs were repayable if they made you redundant!

If there is nothing in your contract, and no side letter you have signed agreeing to repay the cost of training should your employment end, then they won't be able to enforce this.

Phone ACAS and talk through the situation with them. It is also not legal to just let someone go because you no longer feel they are 'suitable for the post'. This could amount to unfair dismissal if they haven't consulted with you about why you are unsuitable, and given you an opportunity to improve/to meet the standards they expect.

Again, give ACAS a call and talk through this with them. If you know anyone who is an employment lawyer then speak to them too, or ask friends if they know anyone. A conversation with an employment lawyer (which should be free initially) to go through the situation would also be really helpful.

hang in there - I'm sure it's a stressful time.

I you left you would have to pay the costs would usually be interpreted as "If you quit on us".

They are they ones forcing you out. Tell them that in those circumstances you will not be paying and that if they do not give you the money you will claim against them in court for unlawful deducation of wages.

Also, definitely call ACAS. YOur employers are taking the piss.

Thanks guys...yes i feel as if they are taking the piss and it is very stressful i have never been in this position before, i have always worked hard (i recently left a good job to work with them) and always paid my taxes and now i dont even know where i stand financially..bad enough without them takin the piss now!!

It doesn't sound as though they are acting within the law (I'm an HR Manager), but they may not even know that if they are small/new and have no experience of this kind of situation.

Go to them armed with the information and guidance you get from ACAS and an employment solicitor. If they still want you out you may be able to enter into a compromise agreement with them whereby you agree to not take any legal action against them, and they pay you a settlement to end your employment. You can also agree a reference with them so they cannot write anything negative about you to a future/new employer.

Good luck!

Thanks BellaMummy they have already given me my letter terminating my employment last fri, i am contracted to work 4 weeks but have accrued hols & toil so i finished up yday! They have already said they would be happy to give me a good reference however i get the feeling they are trying to keep me sweet as they prob know i could take things further. They have only been running 2 years and already sacked a member of staff before i started who took them 2 a works tribunal but im not sure of any of the details

Going through a dispute with an employer, or ex-employer, is very stressful. You may want to consider that once you've spoken to ACAS and decide whether you would want to go through with lodging a tribunal claim for unfair dismissal etc. I think you should definitely challenge them on the deduction of training fees though, and let them know that if they deduct the fees from your final pay, you will take legal action.

But if OP is new to the post, less than 12/24 months service depending on when she started, they can dismiss without going through a load of performance management/coaching etc, can't they?

I don't think they should , but I believe that legally they can.

Although it seems a huge shame that the OP's is now out of work because they wrongly recruited someone that is not a good fit for the role.

Thanks again bellamummy just read a bit in teh employers manual saying that they may take back training costs if the employee leaves, does this still apply when they have dismissed me, it was not my choice to go so surely this is unfair?
moaningmingewhingesagain yeah u r right, it just all seems really unfair to me and the taking money off my final pay for training is just the final straw for me!