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Original poster

Employer making me pay for my full course

49 replies

RBev · 16/08/2019 15:36

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.

OP posts:

Bluntness100 · 16/08/2019 16:31

Have you resigned?

I'm not really understanding, if you've resigned and you agreed to pay if you did that, then clearly you need to pay,

Or have they ended your employment?

Bluntness100 · 16/08/2019 16:32

I also don't understand why they are deciding when you leave? Even if you've been fired this is your decision.

msmith501 · 16/08/2019 17:01

I may be wrong but I recall a recent legal case where the employer has zero rights to charge for training on the basis that it is a risk of employing someone and clearly they hoped to reap the benefits of the training and also they did not increase the salary of the person concerned to reflect the extra skills - thereby undermining their own argument that the training was really valuable to both parties. It's along the idiom of "what happens if we train someone and they leave... er what happens if we don't and they stay?" I also think most employment contracts are signed under duress - not literally but it's not like you have a chance to amend clauses in most cases.

kjhkj · 16/08/2019 17:06

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

are you an employment lawyer sconeofdestiny?

kjhkj · 16/08/2019 17:09

I am an employment lawyer and it isn't nonsense

OurChristmasMiracle · 16/08/2019 17:10

You may be required to repay course cost however you aren’t required to stay past your notice period so someone else is in post to replace you, legally they cannot force you to stay. Once you have resigned and stated your last day (correctly) as per your contract then you are free to leave.

Sleepyquest · 16/08/2019 17:11

Do you work my old employer!? I ended up getting away with mine because i didn't actually sign anything in the end. Did you sign anything???

HeadintheiClouds · 16/08/2019 17:13

Op has said quite clearly that she’s signed it?

ChicCroissant · 16/08/2019 17:18

It doesn't matter if you haven't signed it, if you have turned up for work you have accepted the conditions.

twattymctwatterson · 16/08/2019 17:23

You need to pay back the cost of the course. You knew that from the start.

What is your notice period in your contract? If it's 4 weeks then your leaving date is 4 weeks from the date you gave your final notice.

TalkinAboutManetManet · 16/08/2019 17:31

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

Please ignore this incorrect and potentially costly advice.

You’re not being “required” to stay for two years. You can resign at any time, but the company has a right to clawback fees within a two year period.

flowery · 16/08/2019 17:40

”I am an employment lawyer and it isn't nonsense”

And I am not an employment lawyer but I also know it isn’t nonsense!

SconeofDestiny · 16/08/2019 17:45

When I first qualified, I used to work in this field as a Tribunal adviser many years ago, before moving to work in HE.
I said 'seek advice' and 'ignore the non lawyers'... pretty clear, I think?

In my experience, many lower paid workers are required to sign contracts with terms that are unenforceable, when legally tested. For instance, it's not uncommon for a hairdressing salon owner to draft their own employment contracts with non competition clauses that are clearly ludicrous. They will often send staff on CPD training and then expect the worker to stay for at least 2 years following the training when 6 months is the norm.

Fact is, until the OP takes copies of all the relevant paperwork to an Employment Lawyer, no-one on this forum can offer a definitive opinion.

underneaththeash · 16/08/2019 19:20

RBev - it does sound as if you have some negotiating room though...they want you to stay (past your notice period?) so you can ask them to waive the fees in return for your co-operation.

I used to work for a laser company that had similar terms for its laser techs and no-one managed to get out of it.

Shelbybear · 16/08/2019 20:55

I signed a training contract with a previous employer and knew that if I left within 2 hrs I had to pay costs back. Would have been thousands. It went down to 50% after a year.

I do know of a person who left and refused to have it deducted. Said she would instruct lawyers as it was an unlawful deduction of wages and in the end they gave up.

Shelbybear · 16/08/2019 20:56

2 yrs not 2 hrs 😂

Shelbybear · 16/08/2019 20:57

Oh and in my line of work it's quite common that u get ur new employer to pay on ur behalf. Would that be possible?

combatbarbie · 16/08/2019 21:34

That is pretty standard.... You done the course but are leaving before the 2yrs is up so you are still liable, I don't understand why you think you wouldn't be?

And why are they dictating your leaving date? You give your contractual notice, job done....they cant say you can't leave til we've found a replacement?

Lazypuppy · 17/08/2019 07:45

You signed to say if you left within 2 years you have to pay it back...you are leaving before 2 years so not suprisingly you have to pay it all back.

Also you tell them when you are leaving when you hand your notice in

daisychain01 · 17/08/2019 08:26

My RW experience is being on a Grad Scheme which involved signing an agreement which stipulated a sliding scale of "duration remaining in employment" and "% clawback of training fees". By the time the Associate had remained in the organisation for 5 years+ no fee clawback was enforced. In the preceding years it went 80% 60% 40% 20% due to be repaid to employer. They reserved the right to deduct from final salary payment.

OP you will be highly likely to have an amount deducted from your final salary payment depending what's stipulated in the agreement - you willingly signed it to undertake the training, so it is unclear why you are contesting it.

If you feel strongly about it, then it is worth taking legal advice if you're having to repay £000s back. If it's £200, I'd accept that you've received the value of training, put it on your CV and move forward.

Had your employment been terminated for matters outside your control, eg a redundancy, this sort of agreement is often waived as a 'sweetener' however if you have voluntarily handed in your notice and going to new employment, they are likely to enforce the agreement as you're walking away with training they've funded that they won't gain ongoing benefit from.

daisychain01 · 17/08/2019 08:31

As a negotiation point, if they try to dig they heels in, you could reason with them that they've received 50% of the value of your training when based on a 2 year duration - better than having to pay 100% back, right?

swingofthings · 17/08/2019 11:58

Also there doesnt have to be a direct agreement. If the company has a clear policy on funding studies, that states that all employees funded for a course would need to repay in full if leaving earlier, and your contract stipulates that as an employee you have to adhere to all the company's policies, then that's that. They have a duty to make these available for you but it is yuor responsibility to check the terms.

user1494050295 · 17/08/2019 12:10

A colleague had this recently when he left after completing a course. Was meant to stay two years or pay back the amount (about £20k). Whilst our employer was correct he argued (with senior management support) that the training he did was part of his career development plan at work so it meant he was required to do the course part time alongside his job. He was let off having to pay it back. Was your training part of your job

SecretSmile13 · 17/08/2019 16:53

I experienced this a few years back. Organisation paid for my training and I left within two years to do the same job elsewhere even though I’d signed like you. They took money back through my final 2 months wages without telling me of any payment plan.

I got advice from my union and eventually got all the money back as it was argued that the training was essential to do the job (ie it wasn’t a luxury like a Masters degree).

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