Dispute over repayment of training costs

[Soitra]

Hi I'm hoping someone would be able to help with some rather vague wording in my contract.
I am due to leave my current employment at the end of the month. During my time with my employer they have paid for me to do a course, and after I had completed the course I received a letter saying I would have to repay the cost of the course if I left before the end of September 2017, I haven't signed anything agreeing to this. But when I handed my notice in my employer mentioned repaying the training costs, I tried to negotiate and offered to repay part of the cost as I was only leaving 1 month before the declared time limit.
this was rejected by my employer who is looking to reclaim the full cost.
the company wouldn't have been able to continue trading without me doing the course or employing someone with the relevant qualification.
anyway now the background is out of the way.
ive been in touch with ACAS and they have advised that unless it's stated in my contract of employment they are unable to reclaim the costs.
the wording in my contract is a bit vague when it comes to deducting money from wages.

"The company reserves the right to deduct from your pay any sums which you may owe the company including, without limitation, any overpayments of salary/pay or loans made by the company to you, or any losses suffered by the company as a result of your negligence or breach of the company rules or breach of the company's health and safety policy.
by signing this agreement you authorise the company to make such deductions. "

Would this cover the company to take the training costs back or do training cost repayments have to be specified in your contract?
the internet is abit undecided it seems as I've not found a definite answer.

[Soitra]

Re: Dispute over repayment of training costs

[MENTION=85500]Peridot[/MENTION] sorry but maybe you could help with the wording in my contract

[Kati]

Re: Dispute over repayment of training costs

tagging [MENTION=51026]Ula[/MENTION] maybe??

- - - Updated - - -
[MENTION=105396]Soitra[/MENTION] ... while you're waiting, could you post up the exact wording on the contract please??

[Soitra]

Re: Dispute over repayment of training costs

"The company reserves the right to deduct from your pay any sums which you may owe the company including, without limitation, any overpayments of salary/pay or loans made by the company to you, or any losses suffered by the company as a result of your negligence or breach of the company rules or breach of the company's health and safety policy.
by signing this agreement you authorise the company to make such deductions. "

[ULA]

Re: Dispute over repayment of training costs

Couple of observations

1. The clause quoted in post no 4 is not usually used to cover any recovery of training costs in my experience.
2. There is either a separate clause relating to any specified training that an employer wants to be able to recover the cost of if an employee leaves before a specific timescale and this is normally on a sliding scale. Alternatively if they do not have such a clause in their contract then an employee is asked to sign a document with this provision prior to them attending the course.

[Soitra]

Re: Dispute over repayment of training costs

Couple of observations

1. The clause quoted in post no 4 is not usually used to cover any recovery of training costs in my experience.
2. There is either a separate clause relating to any specified training that an employer wants to be able to recover the cost of if an employee leaves before a specific timescale and this is normally on a sliding scale. Alternatively if they do not have such a clause in their contract then an employee is asked to sign a document with this provision prior to them attending the course.

Thank you [MENTION=51026]Ula[/MENTION] from what I've managed to research myself this confirms to me that at the very least they have the right to reclaim some of the costs if I had signed an agreement before. However as I hadn't and the mention of repaying was in a letter dated after the course, which I didn't sign. I feel I would be perfectly within my rights to refuse to pay.

[ULA]

Re: Dispute over repayment of training costs

I suggest going back to them in writing stating that a year ago you were not made aware until after you had completed the course that you would be subject to having to make a repayment of the cost of the course if you left within a 12 month period. Such a stipulation should have been notified and agreed with you before attending the course and in any event the norm is that for such agreements to be on a sliding scale of repayment over the period of time.

Your fall back position could be that since the company has had 11 months of benefit of you attending the course out of the 12 months and therefore as a maximum repayment to the company it should only be 1/12 of the cost.