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Repayment of fees

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  • Repayment of fees

    Hello all,

    I've been browsing the forum for a while now, I realise there are very similar questions to the one I am posing, however, I've not found one with my exact scenario. So I hope you don't mind me asking.

    My work are paying (in instalments) for me to do a postgraduate degree. Due to a variety of reasons, both personal and professional, which I wont go into, I have decided that I need to leave.

    No agreement was ever made surrounding repaying the fees if I left within a certain amount of time, and I have since found out that this was a mistake from our HR department not getting me to sign anything.

    There is nothing mentioned in my contract about the repayment of any fees, however, there is a part in the declaration which mentions (paraphrased) 'I received a copy of the staff handbook, which I understand is part of my terms of employment'.

    Now in the staff handbook there is a section which mentions the recovery of training costs. Paraphrased again it mentions, 'If we provide long-term training for professional qualifications you will be expected to give a reasonable commitment to stay...' 'Partial repayment of fees may be expected as follows...' 'Recover the full cost of training if leave up to 12 months after the end of the course' ' We have the right by acceptance of the terms within this handbook to deduct payments from money owing to you at the time of leaving, or at an agreed rate'.

    What I want to know is would this be enforceable in getting me to pay the full tuition costs? Which would amount to much more than my monthly salary. I didn't sign anything regarding it and there was no agreement in place, so would these terms in the staff handbook alone make me liable to have to repay the full tuition fees? The staff handbook also refers to 'training for professional qualifications', would a postgraduate degree fall under this?
    Also, would my employer be able to deduct all my final months salary to repay these fees? Even leaving my salary below minimum wage for the month?

    Thanks in advance for your help, if anybody would like the full terms I am happy to send these via private message.
    *
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  • #2
    Given what you have posted up then in my opinion yes your company could make a case that you would be liable to repay the tuition costs. Your contract refers to a staff handbook which forms part of the terms of your employment and in that handbook it clearly states that repayment is due should you leave within 12 months.

    If the money due to be repaid is greater than your final salary then the company should come to an agreement with you about the repayment terms.*
    *
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    • #3
      Many thanks ULA!

      Comment


      • #4
        Hope it helped and you know where we are if you have any other questions.
        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 not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        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

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