Signing pay back agreement, after starting the training.

[Jake Arliss]

I am currently on my second year of my HNC course, I've got 6 months remaining and due to circumstances unknown to me at my company they are now bringing in the pay back agreement. However i find this unfair to ask to to sign this contract now, meaning that i will have to stay at the company for 4 years.

is there any advice people can offer me or is they any legal requirements in which they should of taken prior to the course starting.

Thanks
Jake

[Amethyst]

Re: Signing pay back agreement, after starting the training.

What agreement did you make with the company when you commenced your HNC course?

[Jake Arliss]

Re: Signing pay back agreement, after starting the training.

No agreement was agreed or even mentioned, two other apprentices never signed an agreement and now they have both left so I think this is why they want me to sign one?

[PAWS]

Re: Signing pay back agreement, after starting the training.

So you did not have to sign an agreement two years ago when you started the course and now with 6 months to go they want you to pay for the whole two year course (or just the last six months?) or work for the company for the next 4 years! It will be interesting to see what the knowledgeable beagles have to say on this – OK I can understand a company wanting a few years of loyalty when they offer to pay for a college course but to ask for it retrospectively, when you cannot make a decision as you have already completed most of the course, well that is a little odd!

[Amethyst]

Re: Signing pay back agreement, after starting the training.

Have they stated what they will do if you refuse to sign the agreement?

[Openlaw15]

Re: Signing pay back agreement, after starting the training.

So you did not have to sign an agreement two years ago when you started the course and now with 6 months to go they want you to pay for the whole two year course (or just the last six months?) or work for the company for the next 4 years! It will be interesting to see what the knowledgeable beagles have to say on this – OK I can understand a company wanting a few years of loyalty when they offer to pay for a college course but to ask for it retrospectively, when you cannot make a decision as you have already completed most of the course, well that is a little odd!

It's not just odd, i would say it is illegal. You simply cannot obligate (agreement) your self for the future where a term is introduced with retrospective effect. It is simply an unfair term and would not be part of the original contract, ie it would not be incorporated unless you signed the contract at the same time. If your employer/ company tries to take you to court, it will be breach of contract. I also believe you have an estoppel defence as you acted on a promise (free HNC) made to your detrimental reliance, ie you're committed to the course and do not have the money to pay it back.