Paying back training costs.

[Verylongweek]

Hi
Now I understand if there is a written agreement they can absolutely enforce paying back training costs.
However where do you stand if the training is mandatory? Eg mandatory training coming up that includes this agreement if you leave before 12 months. However I’m in the process of interviewing for other roles so really don’t want to be tied in.
Any advice gratefully received.

Any training fees the company seeks to recover must be commensurate to their actual loss.

I would question the validity of a contract they ask you to sign that doesn't tell you upfront the total repayment expected and doesn't include a sliding scale of repayments. Furthermore, if you can argue that the mandatory training is so unique to your employer xyz company and irrelevant elsewhere, they are unlikely to have a leg to stand on, as your ability to use the training elsewhere is minimal.

They would be unreasonable to expect you to repay 100% of the fee 10 months after your course, based on your OP saying it's a 1 year repayment agreement, because they will have gained 10 months' worth of benefit from your skills due to the course.

You need to express your concerns in advance of signing anything. If you have a Union, ask them if there is precedent of this repayment and whether it has been objected to in the past.

Thanks for coming back to me daisychain.
The contract will say how much (I can’t remeber off the top of my head from last year)my main issue is that this is yearly mandatory training so there is no way of not doing it but it effectively means you would always be tied into paying them back.
It’s coming up next week and I’m hoping be be leaving as soon.
Where do I stand on the day if I won’t sign it, and they then say that means I can’t work?

If you're planning to leave soon and have no career investment there, then it's one time I would recommend reasoning with your employer that you are likely to leave for pastures new and knowing that now means you are hesitant to take the training when you know you have plans to leave anyway. Quite frankly it would be ridiculous if them to force you to take the training, knowing your plans, and then forcing you to repay when they've known it all along.

They do need to be reasonable as I stated upthread, that if you leave in the next month or two you shouldn't be expected to repay the full amount.

See if they are open to negotiation. Might be worth running this past ACAS in case they can shed further light on it.

Is the training reusable elsewhere?

Yes I think a chat with my line manager is the way I’ll go. Was just trying to avoid if possible as moves are quite slow in my sector so was hoping not to drag out them knowing.
The training is in theory re useable but most places would re do their own version of as part of induction.
I’m just don’t know where I go if it come to a head to head where they say I cannot work without doing the training, but I refuse to sign the contract making me liable for payment.
It’s next week, to be honest I’d forgotten about the pay back clause till a colleague mentioned it this week as previous years I’d had no intention of leaving any time soon.

Could you fall ill while the training course was on, and then have to reschedule it for a later date? A much later date with any luck...

I’m just don’t know where I go if it come to a head to head where they say I cannot work without doing the training, but I refuse to sign the contract making me liable for payment.

I suggest you commit something to written form eg an email requesting a meeting to discuss the training cost repayment clause.

Depending on your manager's reaction to your news about potentially moving roles in the next few months, you could then confirm your meeting in writing, and bcc your personal email account.

Attend the training, continue in your role and if it gets to the stage when you secure a new post, you can refer to the discussion and state that you'd given them fair advance warning of your plans, if they try to reclaim the money.

If this training is just a refresher course to meet some compliance regs, and no different to previous years' materials, then you could also keep a record of how similar it is to previous years and argue that it isn't giving any additional advantage, so they've had their money's worth over the years already!

This is brilliant. Thank you for the advise, much appreciated.