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New contract, existing employer and now a clause for training clawback

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  • New contract, existing employer and now a clause for training clawback

    My daughter has been employed on a graduate scheme for two years, the contract that she signed at that time had no clause for a recovery of any training costs. She has since passed her professional qualification and has been offered a promotion, the contract now however has included a clause that if she leaves within two years they can recover the training fees. There is no mention as to the cost nor as to how that will be dealt with. Her concern is that over the last two and a half years certain promises have been made and they have renaiged on them. She is looking for the clause to be removed from the contract, failing that wants any promises in writing and for it to be written into her contract that if they don't fulfil their promises that she can leave with no penalties. It is strange that during the training she had no such clause but following passing the professional assessment it is now added to her new contract. Where does she stand
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  • #2
    Re: New contract, existing employer and now a clause for training clawback

    Did the graduate scheme guarantee employment at the end of the two year period, or was it a case of them supporting her through the graduate scheme and if all was good then she may be offered a job at the end of it? Was her initial contract just for the two year period to cover the graduate scheme?

    If they did guarantee employment at the end of the graduate scheme then I would have expected to see some mention of it when she was accepted into the programme even if it was to say that on being offered a position on completing the scheme then she will be required to repay the training fees if she leave within two years of completing the scheme.

    Also in my view and to make it very clear, in these types of clauses it usually confirms the amount to be repaid, there is normally a sliding scale i.e. the further into the claw back period the less there is to repay and also what the terms of the repayment will be in the event of leaving within that claw back period.
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    • #3
      Re: New contract, existing employer and now a clause for training clawback

      Thank you for taking the time to look at my enquiry . I have looked at the contract and there is nothing in it to suggest that it was just for the graduate scheme. In fact in the body of the letter that accompanied the contract it said” We feel sure we can provide you with a rewarding and challenging career and very much hope that you will accept our offer.” It neither mentioned that contract would end when she passed the assessment nor did it say that they would offer her a job at the end of it. Furthermore there was nothing in it to suggest that she would have to repay anything.

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      • #4
        Re: New contract, existing employer and now a clause for training clawback

        It is not unusual for training of this nature to have a repayment arrangement however it is something that is typically notified at the outset with the terms as I have detailed at post #2 provided.

        In the first instance your daughter could informally query why this requirement had not been mentioned previously either during the interview process or in any pre-starting documentation send out either contractual or in the covering letter.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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        • #5
          Re: New contract, existing employer and now a clause for training clawback

          Thank you for taking the time to look at my enquiry . I have looked at the contract and there is nothing in it to suggest that it was just for the graduate scheme. In fact in the body of the letter that accompanied the contract it said” We feel sure we can provide you with a rewarding and challenging career and very much hope that you will accept our offer.” It neither mentioned that contract would end when she passed the assessment nor did it say that they would offer her a job at the end of it. Furthermore there was nothing in it to suggest that she would have to repay anything.

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          • #6
            Re: New contract, existing employer and now a clause for training clawback

            I would therefore suggest that she queries why this has suddenly appeared in her contract when no indication was given of this prior to her taking up the offer to commence the graduate scheme.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Re: New contract, existing employer and now a clause for training clawback

              Could the new contract contain the clause for forthcoming/onward training to be taken rather than being retrospective to cover the graduate training scheme already completed ? Possibly that wants clarifying first of all.
              #staysafestayhome

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              • #8
                Re: New contract, existing employer and now a clause for training clawback

                She is hoping to have a meeting in order that she is able to discuss it before she signs the contract. I’ll keep you informed. Thank you for your help

                Comment

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