• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Being taken to small claims court for training costs - beauty therapist

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Being taken to small claims court for training costs - beauty therapist

    My previous employer has put a claim in against me for training costs equating to £1500. I don't believe I should be made to pay this back. I was never given the option to decline going on the courses, and they were not to benefit me, but to benefit the company. Some of the courses were also, I believe, mandatory due to my employer going to college for studies and therefore would not be able to perform the treatments themself. They therefore needed me to go on the courses to prevent them losing business. All certificates were retained by my employer, and I have never actually laid eyes on them so I am unaware of even which training provider they used. Duration costs were never discussed prior to courses taking place, I was simply told to attend on a certain day after it had already been paid for by the employer and booked. To this date, I have never received copies of invoices proving cost per delegate, duration and training provider. As far as I am currently aware, this cost could be completely false?

    When I gave my notice in (and then was signed off work for that period due to stress as advised by my doctor) I was given 7 days to pay the money back with no proof of costs and was requested to pay it back in full. My employer then told me via letter that 'any monies owed have been deducted from your final pay', which was never discussed with me beforehand nor was an agreement put into writing and authorised by myself. It also was never stated in my contract that training costs would be claimed from my salary. The only mention of training in my contract is that 'if the employee leaves within two years of taking the training full cost is to be repaid'. There is no time scale stated either. This deduction left me with zero pay and they also deducted all of my Statutory Sick Pay which I believe is illegal. I was never offered a payment plan, and I believe by deducting my final pay was them bullying me/forcing me into a repayment agreement favourable to them.

    The initial and ONLY contract I signed has contractual inaccuracies. For example, it states that if there were to be any changes in terms of employment such as role, salary or hours, a new contract would be issued within a month of that change. Whilst being employed, my role changed and my hours and salary changed more than once, but I never received an updated contract reflecting this. This contract was not signed by the employer, but was signed by the manager of the sister company who then left within 5 months of my start date.

    I would like to add that due to my experience working for this employer it has driven me out of the beauty industry. Any training that was undertaken is of no benefit to me whatsoever.


    I am writing this to ask for legal advice that I could act on and/or include in my statement. If any extra information is required then I am more than happy to supply it for you.
    Tags: None

  • #2
    Duplicate

    ( Admin note: duplicate thread removed - tagging Ula )
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      There are two things for consideration here. The first is to do with your employment contract and repayment of training costs which I can help with the second is the court claim which I will tag Amethyst to help with as that is not my area.

      On the employment contract please can you post (anonymised) any clauses in full that relate to repayment of training costs and also any clause that related to deductions from salary or final pay to cover overpayment/sums owing to the company etc.

      Also can you tell me how long you were employed, when did you leave and has the company made any attempt to contact you by email/letter to let you know they believe that you owe them money for training costs?

      Thanks
      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


      • #4
        If you have received a county court claim would you please be able to type out the Particulars of claim or upload a redacted copy of the claim forms you have received. Thank you Could you also say how much was deducted from your pay.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          First and foremost, what is the issue date on the claim form and have you acknowledged service?

          The contract states 'if the employee leaves within two years of taking the training full cost is to be repaid.' Therefore on the face of it you would seem to be liable by the contract you signed to repay the full costs of any training you took within 2 years prior to leaving your employer.

          Regarding substantiating the costs could you post a copy (either type out or a pic with personal info removed) of the Particulars of Claim section of the claim form N1?

          You'll probably need to make requests under CPR Parts 18 and 31.14, but we can get to that once you have responded.

          Originally posted by thartisticks View Post
          This deduction left me with zero pay and they also deducted all of my Statutory Sick Pay which I believe is illegal. I was never offered a payment plan, and I believe by deducting my final pay was them bullying me/forcing me into a repayment agreement favourable to them.
          The initial and ONLY contract I signed has contractual inaccuracies. For example, it states that if there were to be any changes in terms of employment such as role, salary or hours, a new contract would be issued within a month of that change. Whilst being employed, my role changed and my hours and salary changed more than once, but I never received an updated contract reflecting this. This contract was not signed by the employer, but was signed by the manager of the sister company who then left within 5 months of my start date.
          Regarding the validity of the original contract if the employer is able to prove the manager also worked for the company you did it would be correctly signed by them on behalf of the employer and the length of time they left after signing it is not relevant.

          The parts you raised about SSP and deductions I can't help with, I don't know much about employment law, but Ula above does.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Welcome to LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X