Training Contract sprung on me threatening I pay them if I leave.

[ActuallyLike]

Hi everyone,

Frst time poster here, sorry if I'm in the wrong place but I was hoping some of you guys could help me out? I started a new job last week (I'll keep the field anonymous just in case). I was offered the job over a month ago and was sent the contract to browse over. Saw nothing wrong with it, so signed it. The role was for a Trainee but it didn't elaborate any more on that. I handed my notice in in my current job, worked my 3 weeks notice and started the new job last Monday.

First week was fine, it's a tech position but I have experience, relevant education and a recent qualification in the field. I was assigned a girl to train me in. It's a really basic position, not really technical at all but I'm happy. I feel I'll be running a team within a month with my experience at this rate so happy days right? I should point out that my 'mentor' only joined the company 6 months ago and has absolutely no background in the field whatsoever, never worked with a computer before this but she's learnt fast so I'm appreciating her help while I adjust.

Anyway, on Friday just gone, I get an email from the director asking could I sign the training contract and send it on. I responded that I'd never received one so she sent it to me today. In it it states that because I'm a trainee I'm subject to 6 months intensive training that costs a lot of money which the company is willing to waive. It then gives a breakdown of the costs. This girl that's training me...£60/hr! The breakdown includes her 'training' for 2 hours a day for 6 months. It also says and hourly meetup with my supervisor once a week will cost £200/hr. All amounts are added up for the 6 months and it comes to over £18k!!! But it's okay right, cause they're waiving it...right?

The other clause now states that if I leave within 2 years, I'm liable for the full amount, paid to them. This freaked me out as you can imagine. I mean I didn't intend to cut it and run, I like the working environment that I'm in but there's other factors at play (my partner is unhappy at the moment and we might be moving away near Christmas). I raised this with one of my colleagues and she said that one guy did leave before the time and they tried to get legal but didn't get anywhere. Since then, lots of people have left within the 2 year window and they never chased them. It seems to be just a deterrent to stop you leaving but I'm a little bit worried to be honest.

Can they legally chase me if I sign this? I'll need to sign this in the next day or so. I've already left my other job and need this one. I'm really peeved though cause I potentially had another job but said no because I was offered this one. If this Training Contract was sent with my Employment Contract, I'd have thought about the whole set up differently. I also thought about seeking a new job in a year (if my partner and I are still here) closer to our home but this contract won't let me.

Thanks very much for any input you can provide, sorry about the length of the post. In short, if I sign this (which I'll have to in the next day or so), can they chase me legally for 18k if I hand in my notice in 18 months, before the 2 year stretch they insist on?

Thanks guys.

[Kati]

Re: Training Contract sprung on me threatening I pay them if I leave.

[MENTION=19071]teaboy2[/MENTION] ... one for you maybe??

[matt3942]

Re: Training Contract sprung on me threatening I pay them if I leave.

Hi [MENTION=68158]ActuallyLike[/MENTION] - welcome to the forum.

I'm sure someone else will provide clarification but as far as I know there is no specific legislation covering this.

It's common for employers to include this kind of clause in a training agreement; however, these amounts seem unreasonable, especially for what I presume is in-house training. If your employer was funding external training, like a degree for example, you would expect the costs to be higher.

Even then the norm is for the employer to use a sliding scale so you only pay back a percentage, which varies depending on how long after the training you leave the company.

I suspect you would be able to challenge the amounts if you found yourself in that situation, but I can't say for certain.

- Matt

[Amethyst]

Re: Training Contract sprung on me threatening I pay them if I leave.

As I see it, they have made an offer to you and you have accepted. That offer and acceptance did not take into account any training costs or tie in period. Just because it is employment doesn't change the basics of an agreement or contract law.

Were training costs discussed at all at interview or in the job description or in your contract of employment?


My first thoughts ( and this is just my own opinion) based on what you have posted so far... This training contract sounds a bit iffy and seems quite obvious you were never supposed to have it before you started. The girl training you has only been there for 6 months, no doubt she has been through the 6 months intensive training and has gone on to train you, and when you have finished your 6 months intensive training, you will probably be asked to train someone else. That they feel the need to trick people into the job, and then bribe them to stay there, and that many people have left regardless, doesn't really fill me with confidence it is going to be the job you hoped it would be.

It's common for employers to include this kind of clause in a training agreement; however, these amounts seem unreasonable, especially for what I presume is in-house training. If your employer was funding external training, like a degree for example, you would expect the costs to be higher.

Even then the norm is for the employer to use a sliding scale so you only pay back a percentage, which varies depending on how long after the training you leave the company

Completely agree. Such as in another thread on here at the moment regarding the Morrisons Graduate scheme. However it is also common for that to have been discussed, or at least hinted at, before the offer of employment is accepted.

[ActuallyLike]

Re: Training Contract sprung on me threatening I pay them if I leave.

Thanks very much for your reply Matt, really appreciate it. Yeah, all in house training. Well they may call it training, I call it 'showing me the ropes'. I'm already working on active projects and I can't see how much more training they can give me. 6 months seems insane, I'm up to speed already.

[ActuallyLike]

Re: Training Contract sprung on me threatening I pay them if I leave.

@Amethyst thanks for the response. Yeah, nothing said in the interview about this. It was always advertised as a Trainee position to be fair, but nothing about this. It may not be the dream job but it's coming from the job from hell for me so I'll stick with it. As I said, I enjoy the environment. Few cons about the place, they use ther own in house tools which will look pointless on the CV but it's experience in an Agile environment which I don't have so I'll focus on those positives. But I agree, it seems pretty fishy and if I'm been honest I find it completely dishonest that they spring it on me at this point.

[Amethyst]

Re: Training Contract sprung on me threatening I pay them if I leave.

Yip, I'd feel almost scammed into it. Maybe go and have a chat with the director who asked you to sign the contract and discuss the issue with him/her - that you of course appreciate the opportunity and you do not have any intentions to depart, you're enjoying the work and feel it is a good fit for your skills etc etc blah .... however you do not feel comfortable with this training contract being sprung on you after starting, that it isn't a recognised qualification you are training towards, it is purely in house training to enable you to do the job they employed you for, that you feel up to speed on everything and although you appreciate they have concerns over taking time out in training employees up and then having them leave, this should have been discussed with you before you accepted the offer.

Really depends how secure you feel in the job - and what the company is like. They could be waiting for someone to stand up to them or they could be mightily pissed off and chuck you out on your ear..... I'd at least ask what the options are if you decline to sign it. I wouldn't just sign it to keep the peace and hope you can wangle out of it should your circumstances change and you need to leave.

You never know they could just turn into the employer from hell after 6 months and their business model is to get this £18k off disillusioned employees.

Ooooo I am feeling harsh this evening, apologies.

[Amethyst]

Re: Training Contract sprung on me threatening I pay them if I leave.

Might be an idea to have someone look over the original employment offer/contract and this surprise training contract. Bit tricky to help very much here, other than feeling put out for you, without knowing a bit more about the industry, your job, the training etc.

[ActuallyLike]

Re: Training Contract sprung on me threatening I pay them if I leave.

Ooooo I am feeling harsh this evening, apologies.

Not at all, it's good advice. the problem is they might tell me to hit the road. Like I said, it's a very basic position (I've been out of the field for 2 years and I was desperate to get back in) and they're going through a hiring drive. I counted at least 20 people walk past my desk today for interviews. I may be more qualified then my 'mentor' but any fool could do the job. If I pipe up they can just tell me to beat it, there's no shortage of people that can do the job. It still took me a long time to get this position though (I recently received my qualification, hence why I had 2 job offers) and I can't risk been out of work again. I'm terrible at 1 to 1 conversations, I'm a little bit worried that if I voice this, it could be end game, don't let me hit my arse repeatedly on the way out. I think you're right though, I need to say something, but whatever I say it will be littered with pleasantries and gratefulnesses for this wonderful, wonderful opportunity :tinysmile_twink_t2:

[Amethyst]

Re: Training Contract sprung on me threatening I pay them if I leave.

maybe miss out the bit that 'any fool could do the job'

I hate people being taken advantage of, but we see so much of it now, the employers seemingly just do anything and people are so worried about not being in work they put up with it.
But, you can't fight the world's battles and have to do what is right for you and your short term, at least, security, and if that is sucking it and seeing then so be that - have you discussed it with your other half ?

[ActuallyLike]

Re: Training Contract sprung on me threatening I pay them if I leave.

have you discussed it with your other half ?

She's on her way home, we'll talk it out. I'll give my view, she'll give hers and then we'll do what she says :tung:

[Amethyst]

Re: Training Contract sprung on me threatening I pay them if I leave.

lol, that sounds like a plan to me

[teaboy2]

Re: Training Contract sprung on me threatening I pay them if I leave.

Sorry miss this thread - Can you post up a copy of your employment contract and a copy of the training agreement minus both yours and the employers personal details.

Am inclined to say its very iffy as it stands, I certainly wouldn't sign it! But hard to say if it would be enforceable on you if you left within 2 years or not without seeing both your contract and the training agreement! But as others have pointed out costs are huge for what is essentially in house basic training from the sounds of things - And if there's no degree or qualifications as a result of the training then they got more chance of kicking the bucket then it being enforceable!

[ActuallyLike]

Re: Training Contract sprung on me threatening I pay them if I leave.

Thanks for the response teaboy2, I was away for the weekend so only able to reply now. I have attached the relevant bit of the contract I think. I don't want to attach any more as it gives the breakdown of costs and don't want to give too much, just in case. The costs are complete pie in the sky. They chased me up today about the contract and said it needed to be signed asap. I responded, saying I was a little bit wary as this was never brought up before and I was fearful that I could be liable for a huge sum, if something were to happen to me that was out of my control. My director responded, telling me not to worry and that they wouldn't chase me if I had to leave due to something that was "out of my control". That pleased me to be honest, they didn't elaborate on what "out of control" was. If my rent goes up, that's out of my control and I'll need a better paid job. Or at least a job closer to my home, reducing travel costs. Thinking of just signing it tomorrow.

[teaboy2]

Re: Training Contract sprung on me threatening I pay them if I leave.

Can you PM (private message) me the costs and Calculations break down please! As well as all other terms!

DONT SIGN - if you sign now there is nothing in there to stop them coming after you even if you left due to something out of your control (just because your manager said it doesn't mean he was being truthful), and you will then be lumbered with a huge debt!