Paying Employer tuition fees after leaving

[mrduck]

Hi all,

Hopefully someone can help me.

I'm looking at leaving my current employer due to several reasons. However I'm studying a degree through them.

Before starting the degree my company advised that if I leave before 2 years I would have to pay them the tuition fees.

They emailed asking if I agreed in principle. I emailed back to confirm I agreed in principle. Employer then said they would send an agreement.for me to sign. However no agreement has been sent and nothing signed by me. Just an email agreeing in principle. This was 6 months ago.

If I leave the company am I obliged to pay them the tuition fee money?

[R0b]

Re: Paying Employer tuition fees after leaving

Hello,

did the email set out the terms of the agreement and what you will pay if you leave? or was it just a couple of lines saying that you agree to repay the amount subject to signing the agreement confirming.

[mrduck]

Re: Paying Employer tuition fees after leaving

Thanks for the message. Below was taken from the email.

For example: if you leave after 14 month of the programme (10 months still left to go) you will liable for 10 months x £350

Are you happy with this contractual tie in in principle? We are in the process of writing this up for you to read and sign.

[Ripped-Off]

Re: Paying Employer tuition fees after leaving

I'd say no, you are not bound to pay up, but I am not an employment solicitor.

The email indicated your intention to be bound and if they had sent the documents to you and you signed and sent them back, then you would be bound. I don't think the email would, on its own, be strong enough to vary your original employment contract. They admit that they are making the amendment to the contract but it never came through and therefore, in my view, it has no legal effect.

[R0b]

Re: Paying Employer tuition fees after leaving

I'd say no, you are not bound to pay up, but I am not an employment solicitor.

The email indicated your intention to be bound and if they had sent the documents to you and you signed and sent them back, then you would be bound. I don't think the email would, on its own, be strong enough to vary your original employment contract. They admit that they are making the amendment to the contract but it never came through and therefore, in my view, it has no legal effect.

I don;t think it would be an amendmen to the employment contract but a separate contract altogether. Whilst I would agree that there's an argument that it is not binding, because it was agreed subject to contract essentially due to the word sof agreed in principle and not legally binding, the courts may look at the conduct of the parties and their intention so there is a possibility they could find in favour of the employer.

The problem is with training/tuition fees is that for it to be enforceable, there should be a sliding scale if you do leave before a certain period. SO on that point you could say there was no binding agreement because the terms were not fully concluded and there was uncertainty and an intention to only be binding upon signing of the agreement.

[ULA]

Re: Paying Employer tuition fees after leaving

Hi mrduck I agree with R0b that this arrangement (even if there was a clause in your contract about repayment of course/tuition fees if you left their employment within a certain period of time) would be subject to a separate document detailing the specifics relevant to you and should be on a sliding scale of repayment.

Can I ask was the agreement in principle reached before the tuition fees were paid? If it was then it may be deemed that by allowing your company to make the payment you have accepted the conditions they placed on the repayment terms if you terminate your employment early regardless of whether an actual document was signed. In which instance you would be liable, in my opinion, to repay at whatever sliding scale was agreed upon which by your detail in post # 3 appears to be £350 for every month you leave early.

My other thought on this is whether you are leaving and immediately taking up another job elsewhere, if so have you had a discussion with your new employer as to whether they would be willing to support part or all of your tuition fees for the remainder of the period? If they were then it could just be a case of your new employer reaching an arrangement with you on tuition fees in line with their own policy on this and then them reimbursing your current employer.