Training Agreement - The pay back of course fees

[kp-peanut]

Hello all.

Although this is not an urgent topic, I can't seem to find much information on the web. I would if anyone could give me some advice.

My employer asked me to sign an agreement for reimbursement of university studies related directly with my job role - but at my request. The course fees over 2 years day release study amounts to approx £7000.

The agreement itself states that if I leave for any reason other than redundancy within 3 years after completion of the course, I am liable to pay back 100% of the fees. It states that the amount due will be deducted from my final salary payment and any further payment needed will be payable within one month.

I queried this with HR at the time as it leaves no room for unfair treatment from the company, for example, there is no consideration for the benefit that they will get out of me attending the course (ie a sliding scale for employment length), and furthermore, if I dont get a pay rise upon qualification I will be penalised if I leave among other unfair situations that could occur. They reassured me at this point that it is company policy and without signature they would not pay the course fees so I duly signed.

I am now half way through the course, and the burden is still on my mind as there have already been situations where the company have treated me unfairly, and being tied in for 3 years seems like an easy way for them to continue to do so with such bad terms for myself if I decide to leave. Paying back £7000 within a month is not realistic or possible.

3 years is also too long I feel (especially to be paying back 100%). As newly qualified, if the job role doesn't fulfil my growing potential then I should be free to choose an employer that positively encourages progression and my current employer should pay me, reward and recognise my efforts enough to make me want to stay.

What are everyones thoughts on this??

[wales01man]

Re: Training Agreement - The pay back of course fees

You could have paid the Fees yourself ? I rightly or wrongly think fees should be paid back if someone leaves the employer after a short period of time paying so much in a short time seems unfair but if you take advantage of the companies money you should expect to repay them with your time.

Others may disagree with me I would advise you to Talk to the company to get things 100% straight no need to worry for the next few years

[kp-peanut]

Re: Training Agreement - The pay back of course fees

Thanks for your reply. Although I agree with you in some respects, your comments are very much in favour of the employer.

It is a postgraduate degree - I had already paid for my own undergraduate degree so didn't have the access to student loans for the masters element and couldn't afford to pay for it myself else that would have been my preference.

I have no issue paying back the course fees, as long as it is fair - the fact that there is no sliding scale doesn't recognise the benefit that they get out of it. My responsibilities have already grown dramatically and although I have the responsibility of a qualified professional I am being paid a admin wage and have been for the 3 years I have been doing this role - I am in effect already paying for the course myself by having no entitlement to a payrise.

I guess I just have to see what happens when I become qualified. I just wanted to get some legal views on what my options would be should the worst happen. Saving for a house at the moment and will be for a few more years now - I'm soooo ready to start reaping the fruits of my labour. Very frustrating position to be in.

[ssparks2003]

Re: Training Agreement - The pay back of course fees

you need to divorce the words legal and fair, legal is fact and fair in opinion.

While it may have been fairer to have had a sliding scale of the fees; say 100% year one 55% year two 25% year three. you willing signed up to this agreement and the company has invested in you; the agreement is legal so if you want to leave find a job with a decent pay rise.

[wales01man]

Re: Training Agreement - The pay back of course fees

I was in favour of you trying to reach a compromise on the fees on a sliding scale.
You have to remember that after 3 years the qualification should get you a higher paid job .It appears I sided with the employer I would like to see it resolved to be fair to both sides

[Johnboy007]

Re: Training Agreement - The pay back of course fees

The company are lawful in reclaiming back monies that they have paid out for your training, if it says in any agreement that this is what will happen if you leave within a set time.
You state Quote:
the fact that there is no sliding scale doesn't recognise the benefit that they get out of it. My responsibilities have already grown dramatically and although I have the responsibility of a qualified professional I am being paid a admin wage and have been for the 3 years I have been doing this role.


What we have to look at here is,
Had your company not paid out the money for your training, would you have been in a position to do so yourself?
If not, then the company are entitled to benefit from your experience and skill, gained by using their money.
This entitlement will cease if and when you pay back what you lawfully owe.
As for 'Unfair Working Conditions' that may or may not occur in the future, these will be covered in your company's Disciplinary, Grievance and Appeals procedures.
For example, if you left because your employer would not let you have rest/meal times, then they would have a hell of a job reclaiming money from you.
An Employment Tribunal would most likely award costs to you that would cover any fees owed to your company.
At this moment in time, you are bound by the agreement that you signed.