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Hello,
I have been working at a certain public sector organisation for about 10 years and 4 years ago i went on a training course to get a qualification. this was a part of my employment contract as i was a trainee. There were 3 qualifications, 1 a year, 5 modules each.
The form of Undertaking for Financial Assistance was signed only for the last year of the training, year 3, but in the form it does state that i previously ask for financial assistance. However only costs for year 3 are included. Each level is a qualification on its own and after completing all levels are fully qualified.
I am now leaving the organisation and they are trying to make me pay £7000 for year 2 and year 3 of the qualification. However, the form was not very clear and there are some ambiguities. Here are some issues:
I am looking for some advice as £7000 is a lot of money especially that i have been with the company for 10 years and not just joined to be paid for the course and then left.
I will appreciate any advice. I understand that I did sing the form however that was 2 years ago and I did not fully understand that this is what it meant. I was certain that I would only have to pay back the money if I left within 2 years of the actual course. I passed 4 out of 5 exams and only had one outstanding and i was appointed a senior position therefore i was not a trainee any more so i was contributing fully to the organisation.
thank you
I have been working at a certain public sector organisation for about 10 years and 4 years ago i went on a training course to get a qualification. this was a part of my employment contract as i was a trainee. There were 3 qualifications, 1 a year, 5 modules each.
The form of Undertaking for Financial Assistance was signed only for the last year of the training, year 3, but in the form it does state that i previously ask for financial assistance. However only costs for year 3 are included. Each level is a qualification on its own and after completing all levels are fully qualified.
I am now leaving the organisation and they are trying to make me pay £7000 for year 2 and year 3 of the qualification. However, the form was not very clear and there are some ambiguities. Here are some issues:
- - the form should have been signed by myself, my line manager, senior management team and the employee service center however it was only signed by me and my manager - is the contract still valid?
- - the form says if i leave within 2 years of completion of qualification i would have to pay the them back. Can i argue that technically i have not completed the qualification?
- - the organisation that i work with is not the actual council however the form mentions my employer and the council. can i argue that it is not clear who the party to the contract is? They are saying that i have to pay my employer back and then it mentions the council policy
- - previously people have left the company and not paid only because they forgot to sign the form, can this be part of my argument?
- - can i argue that some terms are not defined i.e learning activity, final completion, qualification?
I am looking for some advice as £7000 is a lot of money especially that i have been with the company for 10 years and not just joined to be paid for the course and then left.
I will appreciate any advice. I understand that I did sing the form however that was 2 years ago and I did not fully understand that this is what it meant. I was certain that I would only have to pay back the money if I left within 2 years of the actual course. I passed 4 out of 5 exams and only had one outstanding and i was appointed a senior position therefore i was not a trainee any more so i was contributing fully to the organisation.
thank you
