Training Costs

[StuMac1972]

Hi all

Looking for some advice please.

I handed in my noticed 2 weeks ago and at a meeting with the MD we verbally agreed that I would pay back all training costs over a 3 month period with them handing over 2 certificates I require to start my new role at another company after the first payment with the rest to follow after the 3rd and final payment.

The MD has emailed me today now that I have left the company and changed our agreement demanding I pay all costs over two months, and withholding the certificates I need to start my new job until the final payment therefore putting my new job at risk.

If I don't agree to this they will deduct the full costs from my final salary, leaving me with no pay. I have been there just over a year and they have had plenty of benefit from the training they provided me with.

All advice is greatly appreciated.

[ULA]

I need to ask a couple of questions first to help provide you an answer:

1. Did your contract of employment have a clause about recovering training costs?
2. Does your contract allow for deductions being made from salary?
3. Did you sign a separate training agreement regarding recovery of training costs?
4. Was the verbal agreement with the MD put into writing as confirmation of what was agreed?

[StuMac1972]

Hi ULA

Not sure about q1&2 I've sent a subject access request this morning in that, I did sign training agreements stating I had to pay back up to 5 years and the verbal agreement was not written down.
I thought if the company had received benefit of the training that was taken into account, they are also claiming for last year's IOSH membership which has now expired.

[StuMac1972]

ULA

He does make reference in his email that they are making changes to payment methods to what we prior discussed.

[ULA]

Firstly you need to get a copy of your contract and training agreement you signed or where given. You should not need a SAR for this just email and ask for copies.

Unfortunately, if there are clauses in either documents regarding repaying training costs if you leave within a certain period, then these will be enforceable.

Training repayment clauses often take account of the benefit the company has received of the training so can be on a sliding scale over typically a 2-3 period. Although this is not always the case but could be argued if it comes to it.

On the verbal agreement as this was not confirmed in writing, this will be difficult for you to come back on and a hard lesson in ensuring, in future, you get written confirmation of any verbal agreement made with an employer.

[StuMac1972]

I have now received my employment contract via their lawyer , they are not handing over the training course agreements. There is nothing in my contract about paying back training costs, infact my contract states they can't deduct a sum of money that would leave me in hardship.

I have also now noticed that I am due 4 weeks notice which I offered to do but they told me to do two weeks as not enough work for me, I have emails to prove this.

[ULA]

I would suggest that you respond back thanking them for the contract of employment, however insisiting on receiving a copy of the training course agreements. Request that they be provided in the next 7 days if as which time you have not received then submit a SAR specifically setting out that you require these documents.

If you contract confirms that you need to provide 4 weeks notice and the company does not want you to work the fours weeks then you should be paid in lieu or notice for all or any part of the time they do not want you to work. In this case the two weeks they do not want you to work as they do not have enough work.