Employment advice needed...

[discogirl78]

I really would like someone's help on this, if that is OK.

I have recently resigned from my role. I had been in the role 4 months, hated it from day 1.

Anyway, in my offer letter, which I acknowledged my acceptance of the role and confirmed my start date, my employer's state that if I left within a 2 year period I would be required to repay a "proportion" of the costs of the training I had undertaken. There were no figures associated to timescales, no costs of courses, etc. Just a statement saying I would be requried to repay a Proportion of the costs.

Since starting my employment I have undertaken 4 courses, 2 I believe I needed to be able to do my job for which they had employed me and another 2 which were my employer's whim! When she employed me, she knew I didn't have the relevant qualifications to undertake the job.

I resigned and was told by the Business Manager that I was to pay them back approx £3500, I told her I couldn't afford to do this and would have to retract my resignation. She then said that, "we would sack you as we don't want people here who dont want to be here". Which made it impossible for me to be able to return or retract my resignation for fear of being sacked.

Anyway, I have today received a letter and invoice in the sum of £1790 which is 83% of the cost of the training courses undertaken.

My question is:

Without a signed contract of employment or training agreement can she use the offer letter as a tool to make me pay the monies.

I suspect she will take me to the small claims court if I do not pay.

Many thanks in advance for any help or advice you can give

Discogirl78

[bluebottle]

Re: Employment advice needed...

Hi Discogirl and welcome to Legal Beagles.

First thing Monday morning, ring ACAS and ask their advice on this. Their website is at Home - Acas.

You may also need to seek legal advice from an employment lawyer. Check locally to see if any offer a free 30 minute or 1 hour consultation. You can also go to the Law Society's website at http://www.lawsociety.org.uk and use the search engine to find an employment lawyer local to where you live.

Bluebottle

[teaboy2]

Re: Employment advice needed...

She then said that, "we would sack you as we don't want people here who dont want to be here"

The above statement alone is grounds for constructive dimissal. Unfortunately you had not been their long enough to take it to the ET (though the ET can make exceptions) so you will most likely have to take it to the civil courts if you chose to go down that path - hopefully we can help you get this resolved without having to go down the legal action route.

Though the key here is to get a copy of your contract, because what they put in their acceptance letter to you is not legally binding (though does depend on the wording). All that is legally binding on you is the contract terms. (can you post up a copy of the acceptence letter - type up what the content of the letter was minus personal and company details?)

They should have by law provided you with a contract/writtend statement of employment within the first 2 months, that fact they did not puts them in breach of section 1 of the employments right act 1996.

I would on top of BlueBottles advise, request a copy of your contract from the company - If they have not got one that is signed by you where such terms are included then they have a very very weak case, in my opinion. Also your home insurance may include free legal represention too.

[teaboy2]

Re: ceny zaproszen slubnych

Hey guys. Greetings from Ellsinore

Welcome to legal beagles Ellsinore, though you should really introduce yourself by starting a topic in the Welcome messages and New Members Introductions instead of posting in this thread.

[discogirl78]

Re: Employment advice needed...

Didn't want to read and run. Thank you for taking time to reply. I will type up the details of the offer letter for you to take a look. I am worried the court would see this as a written statement, although not sure if a written statement needs to be signed? My acceptance was VIA email, but I have a copy of this too!
Thank you again!
Discogirl

[teaboy2]

Re: Employment advice needed...

No a written statement is the terms of your contract, i.e. Hours worked, Holidays, and other terms that apply they you may be liable for or entitled too. So the letter offering you the job is not your contract or written statement.

[discogirl78]

Re: Employment advice needed...

This is the letter I received, and only letter I have acknowledged, offering me the job. I do not have an Employment Contract, Training Agreement or Written Statement. But would the below constitute a binding contract (because I accepted the job)?

The word "Proportion" is not determined anywhere, so I could argue that I would only need to repay 10%, but she is claiming 83%. Surely she should have made the details of the repayment clearer?

"Thank you for coming into the office to meet with us.
I have the pleasure of offering you employment as an Occupational Health
Technician / Administrator with [ company name ] based at the office in
[ location ], subject to health clearance, satisfactory references and CRB check.

Please can you complete the enclosed health declaration form and return it in a
sealed envelope marked pre-employment health declaration inside an envelope
addressed to myself.

As you are aware, this is a new role and we are not sure in which direction this will lead at present. It is therefore difficult to provide you with a format to your employment, your flexibility is therefore essential to the success of this role. I propose that we meet formally on a monthly basis to discuss the priorities for the following month, although, again these may change depending on demand.

As discussed, I am able to offer you a salary of £?? for an annualised hours contract of ?? hours. Your working hours will be arranged at times convenient to both you and [ company name ], to be claimed by yourself as per companyprocedures.

You will be entitled to ?? hours annual leave plus ?? hours bank holidays. [ company name ] closes for business between Christmas and New Year and you will be expected to take 1 week’s annual leave from your annual leave entitlement.
allowance.

There is possibly the opportunity for additional work beyond your normal hours per month. This work will be considered as ad hoc work and will be arranged with you on an individual assignment basis. Pay for the ad hoc work will be at your normal hourly rate per hour between the hours of 6 am and 8pm and double time outside those hours for work on site. You will need to inform [ company name ] where you wish to claim any time exceeding your normal hours by the 17th of each month.

The work will require you to travel between sites and mileage can be claimed at 45p per mile for any work-related mileage from the office unless otherwise informed. You will be expected to ensure you have business travel cover on your car insurance policy.

Whilst we cannot offer occupational sick pay, you will be entitled to statutory sick pay where appropriate and in accordance with government guidance.

You will be expected to achieve competency for the role of Occupational Health Technician and undertake professional development which we are happy to invest in where it contributes to the company. If you leave within 2 years of any professional development you will be required to repay a proportion of the costs of the training back. You will need to maintain personal professional indemnity insurance throughout your employment and for at least 6 months following termination of your employment. We will need evidence of your PPI on an annual basis.

We will require evidence of your eligibility to work in the UK. Please can you provide me with a copy of your passport or other documentary evidence.

If you would like to accept this offer of employment, please could you confirm in writing. Following our discussions, I would like to confirm your start date as the Thursday 6 October 2011, unless you inform us otherwise.

I look forward to working with you."

[teaboy2]

Re: Employment advice needed...

Well first of all, they can not rely on that letter as forming terms of contract, they must have such terms included in a written and signed contract. Especially when their is no detailed or clear definition as to what you would be expect to pay and how this is worked out, even more so when they did not include a statement along the lines of "by accepting this offer you agree to the above terms of employment which will form part of your employment contract".

So no it does not form part of your employment contract.

Now it would also help if you could elaborate on as to why you resigned as depending on your reasons for resiging you may have a clear cut case against them. Such as Bullying/harassment, discrimination, breach of contract, breach of your employment rights etc. In other words if the job was not as you were lead to believe it was, then you have a case of misrespresentation and possible breach of contract by the employer, which would like put the contract in repudiation.