Repaying training costs?

[PrincessConsuelaTheSecond]

I would really like some help with this please.

My employer paid £4,000 for me to do a four year course. However the training agreement I signed confirms I have to pay this back within two years of the end of the course if I leave.

My issue is I'm tied in for at least six years. That's a really long time considering the costs were incurred such a long time ago. I've had to quit my job due to childcare reasons as working FT is impossible now and I was told it could be discrimination for them to want to claim this back - apparently they're taking the whole of my salary at the end of this month to cover it right before Christmas as well

Does anyone have any thoughts please?

My thoughts are that although it sucks, they did pay, you are now trained and you did sign a contract. Maybe you could speak to them about paying it off over a more prolonged term but at the end of the day they are within their rights aren't they?

It's perfectly normal and a contractual commitment that you entered into knowing the potential consequences of leaving.

Unless it is drafted in a very unusual way I would say that the sex discrimination argument is really stretching it. Who told you it was discriminatory? I'm an employment lawyer and I would advise that you stand only a very low chance of arguing that it was discriminatory and not objectively justifiable and I would also advise that the cost of arguing the point in tribunal would probably be far more than the £4,000 they are seeking to recover from you.

I agree with everyone. Presumably when you resigned you knew full well they'd recover it from final salary - is it really a surprise?

How long is left of the two years? Working FT is rarely "impossible" - is it really actually "impossible", or is it just expensive in terms of childcare? If there's not long left of the two years wouldn't it be worth forking out on expensive childcare to avoid this?

Bit late I suppose, if you've already resigned! Can't see it's worth challenging it though.

Could you request to pay in installments? Request flexible working so you can keep going until the 2 years has passed?

Thanks. They won't accept instalments

FW isn't possible (why I'm leaving).

They won't accept instalments because if you default they have no way of recovering the money. It's completely standard to take it out of your last salary payment.

Well technically they could sue to recover the money of course but no way of recovering it easily.

It is a surprise they're recovering it - they only ask for recovery from about half of employees and I've worked there ten years so I'm surprised they want it from me to be honest. I was even told it was just a formality when I signed it and they wouldn't usually pursue employees for it!

Oh well, lesson learned!

Pretty standard clauses unfortunately.