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Training costs reclaim with an unsigned agreement

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  • Training costs reclaim with an unsigned agreement

    My current employer has an a policy in place that any training fees have to be paid back if the employee leaves within two years of finishing the course.

    this is administered by an agreement signed by both the employer and employee.

    my previous boss told me not to sign the agreement as he didn't think it right for me to be tied in.

    What at is the legal position in requiring me to payback the cost of the training, Would the abscence of a signed agreement make any difference?

    my concern is that I have accepted payment and it may be argued that this forms a contract. Is this right?

    many thanks for any advice you can give.
    Tags: None

  • #2
    Re: Training costs reclaim with an unsigned agreement

    Originally posted by Arkangelesk View Post
    My current employer has an a policy in place that any training fees have to be paid back if the employee leaves within two years of finishing the course.

    this is administered by an agreement signed by both the employer and employee.

    my previous boss told me not to sign the agreement as he didn't think it right for me to be tied in.

    What at is the legal position in requiring me to payback the cost of the training, Would the abscence of a signed agreement make any difference?

    my concern is that I have accepted payment and it may be argued that this forms a contract. Is this right?


    many thanks for any advice you can give.
    There can be implicit acceptance of the terms of a contract, by acting as if you had explicitly agreed to them.

    When you say you have accepted payment, have you agreed to repay the fees or what payment have you accepted?

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    • #3
      Re: Training costs reclaim with an unsigned agreement

      Also a lot depends on what the agreement states too - I.e. if they failed to provide a accurate estimate as to total cost in the agreement, then the agreement would be invalid!

      So for example is the training costs were 3,000 and they stated total cost of no more than 3,500, then its valid, though they would have to provide break down of costs and you would only have to pay back the 3,000 - But if they didn't state "total cost of no more than 3,500", or any other sum, then the agreement is invalid as you would have no idea of what the total potential cost to yourself would be!

      If however the training cost was 5,000 and they stated total cost of no more than 3,500 or estimated the cost to be 3,500. Then you only have to repay a maximum of 3,500 and not 5,000.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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      Comment

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