Educational Incentives Policy

[flybynight619]

Hi all,

I've had a good scour of the forums and can't find a specific relating to my issue.

My company decided to sponsor me for an MBA which at the time seemed great, but since then we have had a new senior manager start and they have it in for me; I've seen people with a poorer delivery record, and who have scored much lower on measures of team performance (employee engagement surveys etc.) than the team I manage, get promoted ahead of me and the manager in question has frequently betrayed my trust (telling others what I've said in confidence during supposed 'mentoring' sessions). I loved my job and since they took over every day is a drag.

I talked to my current line manager who is sympathetic to the situation and can see that my senior manager is having an affect on my career. We've talked about options of which one is leaving the company, although my line manager has pointed out I will need to repay fees paid out by the company so far for the course. I wasn't sure what he meant but when I looked into it, the paper work I filled in to apply for the course did include pay-back terms which look pretty standard from what I've seen.

However, I only ever emailed this paper work to my senior manager at the time and to HR. To my knowledge I never signed a copy nor did my line manager at the time. I have worked in area's of contracting before and used to understand that even if unsigned, most documents are still legally binding if they are carried through on (here; I am attending the course and the company is paying for it). That said I'm wondering:

• is it enforceable without my signature on it?
• if it is enforceable:

1. will I really have to pay back full fees paid so far?
2. can I argue that work I have undertaken has been improved by attending the course and that as such I have delivered value which should be deducted from the fees (e.g. I've saved £1000's through improved information and knowledge in negotiations)
3. The policy is unclear on over what term I have to pay the money back (i.e. it seems unrealistic to expect me to pay back nearly £15k of fees in one hit, how long can I expect to be given if not explicitly stated?).

Thanks in advance. I do feel bad about leaving after investment in me, but I'm just really unhappy in my job and it's making my home life miserable.

[ULA]

Re: Educational Incentives Policy

I think it would be very difficult for you to argue that you were not aware of a pay-back clause in regard to the MBA course your company is funding on your behalf even if you did not sign it. From what you have said the details were on the application form you submitted.

Most pay back clauses have details of the terms many of which have sliding scales albeit normally from when the course has completed. I have a feeling from what you have said you are still doing your course. You may be able to argue some benefit to the company even though you have not finished the course to reduce your repayment. In terms of repayment timescales then if I was an employer I would want to see repayment fairly quickly after an employee left.

[flybynight619]

Re: Educational Incentives Policy

Thanks Ula, to be clear I have no real issue in general paying the money back, just that I don't actually have anything like that amount of cash lying around. I hadn't thought through the consequences of actually leaving because I've always loved working for the company but it's just got awful.

You are correct I am still studying and won't finish for another year, the sliding scale is 2 years from then. So I'm essentially trapped unless I can borrow the money or find another employer who is willing to pay my debt?

[ULA]

Re: Educational Incentives Policy

I can appreciate it is a lot of money to repay and when you started you had not anticipated the possibility of leaving.

A thought has occurred to me did the company pay all the fees up front or on an annual basis at the start of each year. My thinking being if they have not paid all the fees there may not be the full amount to pay.

Also have you thought about raising a grievance on an informal basis in the first instance particularly if your line manager understands there is an issue. Or I am not sure how big your company is but another option is whether your line manager would support a transfer to another department not under the influence of the senior manager. Just some things to think about.