Training clawback

[merther02]

Hello all!
I have found myself in a bit of a mess.
An old employer of mine has referred a training clawback to a debt collection agency and is threatening legal action unless I pay a substantial sum for 2 years worth of fees. My argument is that I had started the 5 year degree course with the old employer and then a year into the course they made me sign a training agreement. They have recognised this I suppose by not charging 2 years of the 4 years of completed degree time whilst in there employment. The agreement itself is quite well drafted due to The size of the organisation however my legal point is that they retrospectively made me sign a training contract after the training had commenced. Would this stand up in court for them?

thank you for your help
regards

[ULA]

Hi, agreements of this kind, particularly when a company pays for higher education or advanced training, aiming to clawback the cost usually on a sliding scale over a period of time are normal. They are usually done in advance of the training starting but to the company's credit, given they did this retrospectively, they did not expect to recoup costs for the year not covered by the agreement or the first year of the agreement.

You signed the document knowing that any costs from year 3 of the course onward would need to be repaid in accordance with the terms of the agreement. By signing it you agreed to the terms.

From my perspective - employment law focused - the company has a right and you have an obligation to pay the clawback due.

However as this has gone to a debt collection agency I will just tag Amethyst who has knowledge of this area in case there is something I am missing.

I presume since it has now moved to a debt collection agency the company has already made attempts to ask you to repay the amount due? Have you responded to these or just ignored them? If you did respond was it on the basis of trying to agree repayment terms but this has not been accepted by the company?