Employer right to deduct training costs.

[Lizylong]

I'm looking for some advice around where I stand with an employer deducting training course fees. I was required to take a course or be made redundant recently. I was leant on heavily (and was told I would be made redundant if not) to sign a repayment agreement on a sliding scale where my employer may seek to reclaim costs dependant on circumstances. Unfortunately, for various reasons, I am very unhappy at work and have cited poor treatment and communication in a number of '121's'. I have also been signed off work through stress on more than one occasion. My employer does not recognise a union and I have been given little assistance from the 'employee forum' it formed to compensate. I feel the situation is no longer tenable and I am too unhappy to stay. Although I have not explicitly agreed for my employer to deduct from a final wage I am concerned they may attempt to do so and looking for some advice on how to address this?

[Kati]

Re: Employer right to deduct training costs.

[MENTION=26290]mariefab[/MENTION] [MENTION=19071]teaboy2[/MENTION]??

[matt3942]

Re: Employer right to deduct training costs.

Hi [MENTION=73458]Lizylong[/MENTION] - the simple fact is if you have not agreed to be liable for training costs then your employer cannot deduct them from your wages, or chase you for payment.

For an employer to do this they have to provide you with a breakdown of actual (or least reasonable) costs and an explanation as to how any repayment would be calculated on your leaving. This can be in a contract or a separate agreement, but you do have to agree to it.

- Matt

[Lizylong]

Re: Employer right to deduct training costs.

Thankyou for replying, I was made to sign an agreement to pay or I would be made redundant (I disputed this at the time as the course was made a condition of employment and I was also promised a targeted development plan which it seems has been forgotten about) but the agreement does not specify how the repayment would occur. On deciding I can no longer carry on in the situation it has just occurred to me they may attempt to use this to deduct from wages. I certainly didn't agree to that. :-/

[judgemental24]

Re: Employer right to deduct training costs.

I must stick my ear in on this one

If you were unhappy with any imposed contractual change such as a compulsory training course then you have three choices.

1. accept the change
2. accept the change and work under protest
3. resign and claim constructive dismissal

The training contract was signed by you with no objection in writing at the time in writing so no Tort is evident

Many years ago when i obtained my HGV licence i was told i would have to pay back the training costs over two years on a sliding scale. If i left during that two years i would be liable for the deficit and any shortfall can and will be taken out of my final salary.

All this information will be in the contract you signed with the employer

The simple fact is that unless you put on record you do not agree with those contractual terms being imposed and that you will be working under protest, the contract wil be valid and enforceable, even after the contract of employment has been terminated