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Sponsorship for Professional Qualifications

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  • Sponsorship for Professional Qualifications

    Dear All,

    I was on a 2 year graduate scheme with my ex employer. They sponsored me to complete a part-time degree programme through day release. I left my employer 3 months before my graduate scheme end date and was told that I would have to pay back the full amount of the sponsorship.


    It was never my intention to leave my ex employer in that way and 'cheat' them out of paying for my degree. However, our graduate cohort were never told we would have permanent positions by the end of the scheme and also a senior director told us several months previous to go out and look for other jobs. So when I was fortunate enough to be offered one I snapped it up.


    Now that I've left I'm being issued with invoices and threatening letters telling me to pay up. Company policy states that before any employee undertakes further learning sponsored by the company, they'll be required to sign a declaration stating they will remain with the company for at least one year after their final examination. The main issue in this case is they never asked me (or any graduate) to sign a declaration, neither were we ever issued with a formal contract. I believe this was because my ex employer did not want to be tied in to another year of employment after the graduate scheme ended, in case the funding wasn't available to pay our salaries.

    I have requested a copy of a contract, or anything with my signature on it that agrees to such terms, but none have been provided. Instead I'm being met with scaremongering tactics such as 'if you let this drag on then bailiffs will be instructed' or weak excuses such as 'well, you were made aware of the terms and conditions throughout the scheme'. This last point is untrue, and surely terms and conditions should be laid out prior to any commencement of employment?


    I have always contested having to pay the fees for the reasons given above, and have even asked for a compromise. It just seems that having not signed any declaration, being told to look for other jobs, and then upon finding another job being told I'll have to pay back all my fees seems a little one sided and harsh.


    Any advice or experience in matters like this please? Like I said I never intended to use anyone to gain qualifications then move on, I feel I was misled and do not see how leaving 3 months prior to a grad scheme end date ties me in to repaying the whole cost of my training - with no contract to enforce it.



    Thanks.
    Tags: None

  • #2
    Re: Sponsorship for Professional Qualifications

    'Company policy states that before any employee undertakes further learning sponsored by the company, they'll be required to sign a declaration stating they will remain with the company for at least one year after their final examination.'

    1. Does the policy also state that, if you left early, you would have to repay the full amount of the sponsorship?
    2. Did you receive a written copy of this policy, or any other document outlining the terms?

    If the answer to question 2 is No, you don't have to repay it.

    http://www.legislation.gov.uk/ukpga/...ts-to-employer

    Comment


    • #3
      Re: Sponsorship for Professional Qualifications

      Originally posted by Laith Mac View Post
      ... a senior director told us several months previous to go out and look for other jobs.
      A very telling remark, particularly given ...

      Company policy states that before any employee undertakes further learning sponsored by the company, they'll be required to sign a declaration stating they will remain with the company for at least one year after their final examination.
      Do you have this in writing?

      The main issue in this case is they never asked me (or any graduate) to sign a declaration, neither were we ever issued with a formal contract.
      No contract of employment either?

      I have requested a copy of a contract, or anything with my signature on it that agrees to such terms, but none have been provided.
      They appear to be unable to produce any evidence at all, although that's not to say that should they take you to court, a judge would not infer the existence of such an agreement.

      Instead I'm being met with scaremongering tactics such as 'if you let this drag on then bailiffs will be instructed' or weak excuses such as 'well, you were made aware of the terms and conditions throughout the scheme'.
      That's all it is - a crude attempt at intimidation. If they really think they have a case, they will sue, in which case they will be on a very sticky wicket indeed.

      The fact that you were told to find alternative employment, coupled with their desperate attempt to claw back as much money as possible, suggests that the firm is about to go bust.

      Comment


      • #4
        Re: Sponsorship for Professional Qualifications

        I believe it is what is known in contract law as an illusory promise

        Where is there a consideration for value in the 'agreement'?

        http://www.insitelawmagazine.com/ch5consideration.htm
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Sponsorship for Professional Qualifications

          A written contract of employment is not required by law; the contract will exist anyway via implied terms.

          What is required is a statement of employment particulars, which should be issued within 2 months of commencement.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

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