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Hello,
I have a rather peculiar case.
Background:
- Employee started working in Health & Beauty for a Hotel Spa in 2021.
- At her request, the company agreed to fund a training course of her choosing i.e. Reflexology in order for her to grow her skills.
- Several months pass by and she decides to hand her in notice in 2023.
- The employer has deducted a proportion from her final month's salary, excl. min wage.
- Naturally, the employee reached out to the employer to explain the deduction.
- The employer then produced a Training Agreement dated 2022 to the employee, demanding they pay the rest of the costs owed (no record of it being sent).
Employment Contract:
- Contract was served on the employee, signed and dated by both parties.
- Clause allows deduction from wages for a wider number of costs (training isn't explicitly listed but accept the wider meaning intended behind the clause).
- Training isn't specified anywhere else in the Employment Contract.
Training Agreement:
- The employee states they never received or have seen a copy of this 2022 Training Agreement, which I am inclined to believe...
- The Training Agreement in the opening paragraph requests the acceptance of the terms from the employee but no signature line or area exists for the employee to sign and date. The contract has only been signed and dated by the employer (I found this odd considering industry practice for separate Training Agreements is that a signature from the employee is usually required and particularly in light of their employment contracts).
- The Training Agreement contains several spelling mistakes, suggesting it was drafted in a rush.
"Further to your request to pursue training, I am pleased to inform you that the organisation will agree for you to undertake the training, which the Company is prepared to fund subject to your acceptance the terms set out below".
"The organisation will require you to enter into an agreement to the effect that you repay the training costs on a sliding scale set out in the table below:"
Issue:
- Can an employer demand training costs by relying on a separate Training Agreement that explicitly asks for acceptance of the terms but demands no signature from the employee and which the employee never received?
I have a rather peculiar case.
Background:
- Employee started working in Health & Beauty for a Hotel Spa in 2021.
- At her request, the company agreed to fund a training course of her choosing i.e. Reflexology in order for her to grow her skills.
- Several months pass by and she decides to hand her in notice in 2023.
- The employer has deducted a proportion from her final month's salary, excl. min wage.
- Naturally, the employee reached out to the employer to explain the deduction.
- The employer then produced a Training Agreement dated 2022 to the employee, demanding they pay the rest of the costs owed (no record of it being sent).
Employment Contract:
- Contract was served on the employee, signed and dated by both parties.
- Clause allows deduction from wages for a wider number of costs (training isn't explicitly listed but accept the wider meaning intended behind the clause).
- Training isn't specified anywhere else in the Employment Contract.
Training Agreement:
- The employee states they never received or have seen a copy of this 2022 Training Agreement, which I am inclined to believe...
- The Training Agreement in the opening paragraph requests the acceptance of the terms from the employee but no signature line or area exists for the employee to sign and date. The contract has only been signed and dated by the employer (I found this odd considering industry practice for separate Training Agreements is that a signature from the employee is usually required and particularly in light of their employment contracts).
- The Training Agreement contains several spelling mistakes, suggesting it was drafted in a rush.
"Further to your request to pursue training, I am pleased to inform you that the organisation will agree for you to undertake the training, which the Company is prepared to fund subject to your acceptance the terms set out below".
"The organisation will require you to enter into an agreement to the effect that you repay the training costs on a sliding scale set out in the table below:"
Issue:
- Can an employer demand training costs by relying on a separate Training Agreement that explicitly asks for acceptance of the terms but demands no signature from the employee and which the employee never received?
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