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Training Contract sprung on me threatening I pay them if I leave.

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  • #16
    Re: Training Contract sprung on me threatening I pay them if I leave.

    PM sent. Cheers

    Comment


    • #17
      Re: Training Contract sprung on me threatening I pay them if I leave.

      Have responded, the the agreement is unenforceable and is clearly designed to deter people from leaving prior to providing 2 years of work, not calender years after training period! It also leads to no formal or recognised qualifications!

      So its basically paying them 18K for the pleasure of being trained in house to perform the role for them, like in-house training at any employer to carry out your role to the standards the employer expects. And the threat of having to pay back up to 18K is used to deter people from leaving prior to providing 2 years of working time to the company! and the costs are unreasonable as they are not accurate or reasonable in relation to the wage per hour of other employee providing the training or director answering questions, it also covers cost of correcting any mistakes by the OP in regards to the OP's work!
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #18
        Re: Training Contract sprung on me threatening I pay them if I leave.

        teaboy2, thank you so, so much for your insight. Your Private Message was excellent and a very articulate take down of everything they're asking for. If things get hairy, I'll certainly use it. Right now though, I'm a little nervous that if I say that I don't want to sign it, they'll go 'okay then', and then call me in a few days later and say it's not working out. I'm not in a position to get legal with anyone just yet, my rent needs to be paid. I have emailed the director and have been very polite, expressing my delight with the opportunity to be working for them (it's partly true, the work atmosphere is excellent and I'm getting good experience in an agile environment). I also raised issues with any qualification I would get and were they an accredited training provider. I was told I would get a print out after 2 years (huzzah) and they were a successful company and really good at stuff so that's the answer to whether they were accredited or not. I replied thanking them for answering and I would also need time as I am showing the contract to my family lawyer, but when they get back to me with good news I'll sign it immediately. Didn't hear anything back from that funnily enough.

        I actually have another job interview tomorrow that I'm prepping for so fingers crossed but if I don;t get it I still think that I don't have to sign this. I've already signed my employment contract, as have they. I haven't received any 'training' in the last 2 days. I'm already working solely on projects also, with no help. Our team meets up once a week for an hour for 'training'. You know what we do? Watch youtube videos that we pick ourselves. you know what we did for the last one? I trained everyone with what I know. I'm a valuable member of the team and they don't need to be handing me this noose. The whole thing has soured everything though. Fingers crossed for tomorrow everyone.

        And teaboy, once again, thank you.

        Comment


        • #19
          Re: Training Contract sprung on me threatening I pay them if I leave.

          Originally posted by ActuallyLike View Post
          teaboy2, thank you so, so much for your insight. Your Private Message was excellent and a very articulate take down of everything they're asking for. If things get hairy, I'll certainly use it. Right now though, I'm a little nervous that if I say that I don't want to sign it, they'll go 'okay then', and then call me in a few days later and say it's not working out. I'm not in a position to get legal with anyone just yet, my rent needs to be paid. I have emailed the director and have been very polite, expressing my delight with the opportunity to be working for them (it's partly true, the work atmosphere is excellent and I'm getting good experience in an agile environment). I also raised issues with any qualification I would get and were they an accredited training provider. I was told I would get a print out after 2 years (huzzah) and they were a successful company and really good at stuff so that's the answer to whether they were accredited or not. I replied thanking them for answering and I would also need time as I am showing the contract to my family lawyer, but when they get back to me with good news I'll sign it immediately. Didn't hear anything back from that funnily enough.

          I actually have another job interview tomorrow that I'm prepping for so fingers crossed but if I don;t get it I still think that I don't have to sign this. I've already signed my employment contract, as have they. I haven't received any 'training' in the last 2 days. I'm already working solely on projects also, with no help. Our team meets up once a week for an hour for 'training'. You know what we do? Watch youtube videos that we pick ourselves. you know what we did for the last one? I trained everyone with what I know. I'm a valuable member of the team and they don't need to be handing me this noose. The whole thing has soured everything though. Fingers crossed for tomorrow everyone.

          And teaboy, once again, thank you.
          Your more than welcome.

          Get a print out in 2 years eh, so no certificate of any qualification at the end of the training period once training completed. That's even more proof the whole agreement is nothing but an act to deter people from leaving prior to providing 2 years of work. If you refused and they did then say they did need you, you can still take them to small claims court for breach of contract, as although you can't take them to tribunal for 2 years except for in automatic unfair dismissal cases, you can still sue for loss of earnings for breach of your contract and show you were dismissed purely because you refused to sign the training agreement that is clearly a penalty agreement and designed to deter people not to leave, rather then represent any costs of formal and/or recognised training that results in a recongised qualification.

          Yeah doesn't surprise me they went quiet after you said you were showing it to your family lawyer... I'd be tempted to say the family lawyer said it was unenforceable as it leads to no formal recongised qualification and is therefore purely meant to deter people from leaving and as such the terms are unfair and the costs for what basically amounts to basic in-house training for your role (and nothing more) is unreasonable and extortionate compared to the cost of courses that actually do result in formal recongised qualifications. There statement in response to your question reference qualifications and if they were a accredited training provider, to which they replied "I would get a print out after 2 years" is even further proof - Also such statement is likely fraud by false/misrepresentation should they pursue you for any training costs. End of the day, once a qualification is gained it belongs to the employee and a certificate is handed to the employee upon successful completion of the course. The fact they would give you such certificate "Print Out" after the 2 year period, whilst yet fail to state the qulification, is evidence that they are in legal terms talking BULLSHIT!!

          Ask them for a copy of their certificate of accreditation as a training provider and full details of qualifications you would gain!

          Good luck with your job interview hopefully your successful! But this company still needs to be put a stop too and if that means going public to warn others and to highlight the issue to authorities then so be it. Am sure the regulators of accredited training providers would be interested to know about them!
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment

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