Employment Contract & Training / Notice.. Now leaving.

Good Afternoon,


So just under a month ago i left my previous employment to move to another work place.


Upon the second week of my new employment i and the rest of the department was placed on a paid training course (paid for by our employer)


I was given my contract only last week that states every term and conditions etc.. of my employment. I have yet to sign it and hand it back in.


I am now possibly looking to leave my new employer soon (for a few reasons, long story).


My contract states that i will have to pay back any training or qualification that has been provided to me by my employer if i leave within 2 years of completing a course or qualification.


I did not know about this and i did not request the training. I was put on the training very soon after starting and my last employer had no such policy to make me even think or question it.


My notice period is also one month, one month seems a long time for someone who has been in employment for around only 6 weeks before leaving. If i do move that is also another decision and discussion i have to have (dreading it but for the sake of a 15 minute chat about me leaving i will feel happier not having to be there from then on)


Does anyone have any advice or am I stuck with the £1.2k bill?


Thanks
Things that are free in life are great, well most of the time :beer:
«1

Comments

  • If you were only given the contract AFTER you already had the training, and you did not agree to the contract, I do not see how the employer can ask you to pay for the training.

    Though they may ask.
  • nicechap
    nicechap Posts: 2,852
    Name Dropper First Anniversary First Post
    Forumite
    Strike through the repay the training term and write in, this was not an agreed term when offer of employment was given and accepted.

    How do you know it cost £1.2k? Did the course offer a qualification or useful stuff to improve your employability elsewhere or was it induction training only relevant to them?
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • dickibobboy
    dickibobboy Posts: 1,054
    First Post First Anniversary Combo Breaker
    Forumite
    I think i’ll leave the contract away for now as i have another interview lined up shortly i hope that i get it.

    The course was beneficial to me for my work and would be at other workplaces however i didn’t really need it as i had enough experience, it was the rest of the tream that needed training on it.

    I worked out the cost based on the course cost and number of people who attended.
    Things that are free in life are great, well most of the time :beer:
  • 5 weeks employed - discussion had.
    Employer said what do you want to do and let me leave at no notice.

    (In the end I definitely feel so much better just for getting out.)

    I was set increased targets at end of 2nd review so I began to sense what was going to happen and sure could have failed which to warrant dismissal at month 3 but in the end that would have lead to more anguish so probably for the best. Perhaps something like this might happen especially if there was actually training (appreciate you say you didn't need it) involved? you never know these days.
  • 5 weeks employed - discussion had.
    Employer said what do you want to do and let me leave at no notice.

    (In the end I definitely feel so much better just for getting out.)

    I was set increased targets at end of 2nd review so I began to sense what was going to happen and sure could have failed which to warrant dismissal at month 3 but in the end that would have lead to more anguish so probably for the best. Perhaps something like this might happen especially if there was actually training (appreciate you say you didn't need it) involved? you never know these days.

    Helpful as always. :cool:
  • TBagpuss
    TBagpuss Posts: 11,198
    First Post First Anniversary Name Dropper
    Forumite
    Good Afternoon,


    So just under a month ago i left my previous employment to move to another work place.


    Upon the second week of my new employment i and the rest of the department was placed on a paid training course (paid for by our employer)


    I was given my contract only last week that states every term and conditions etc.. of my employment. I have yet to sign it and hand it back in.


    I am now possibly looking to leave my new employer soon (for a few reasons, long story).


    My contract states that i will have to pay back any training or qualification that has been provided to me by my employer if i leave within 2 years of completing a course or qualification.


    I did not know about this and i did not request the training. I was put on the training very soon after starting and my last employer had no such policy to make me even think or question it.


    My notice period is also one month, one month seems a long time for someone who has been in employment for around only 6 weeks before leaving. If i do move that is also another decision and discussion i have to have (dreading it but for the sake of a 15 minute chat about me leaving i will feel happier not having to be there from then on)


    Does anyone have any advice or am I stuck with the £1.2k bill?


    Thanks

    You probably aren't stuck with the bill.

    As I understand it, you are only bound by a contract you have agreed to, so you would have had to have known of the terms and to have a agreed to it. Once you know, you may be deemed to have agreed to it, by continuing to show up for work, BUT there are specific rules about withholding money from wages.

    The employer can only recover their actual costs /losses. If this was a external course then they are out of pocket.
    If it was internal, then the costs may have been no different whether or not you were there, which would make it harder for them claim they had suffered any significant loss.

    They can't withhold the cost from your final pay unless you've agreed in writing to it, so from that point of view, the suggestion to cross out that part of the contract before you (and then keep a copy) is one option - when you return it include a note to say that you weren't informed of that element, weren't told before being sent on the course, and haven't agreed to it.

    I think they would struggle to enforce it given that they sent you on the training course *before* giving you the contract, but probably the best thing to do is to return it, marked to say you don't agree to that part of the contract and noting specifically that you were sent on the course on [date] and were not given a copy of the contract or notified of the training cost until [date], after the training was completed, and therefore any provisions in the contract regarding training will not in any event apply to the initial course.

    Keep copies of everything.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • I’m just a little reluctant to hand in the contract right now with crossing out the training part as they would see it as me being difficult. I don’t want them to know i’m thinking of going yet as it maybe that i can’t leave straight away based on the interview i have lined up.

    My idea is that if and when i get my new job i will hand in my notice very soon after to take a few days notice if that. I wouldn’t really want to work a full month. They are really good employers, the team is good i just don’t feel comfortable here. No doubt if i gave it longer my opinion may change but the interview i have lined up i know i will be 100% if i got the job.
    Things that are free in life are great, well most of the time :beer:
  • They are really good employers, the team is good i just don’t feel comfortable here. No doubt if i gave it longer my opinion may change but the interview i have lined up i know i will be 100% if i got the job.

    You might want to add 'psychic ability' to your CV :D
  • Energize
    Energize Posts: 509 Forumite
    You will be considered to have accepted the terms of the contract if you leave it too long, you are only allowed a limited period of time to consider the contract so I would decide what you want to do sharpish!

    With regards to notice, as you have worked there over a month you currently have to give them a weeks notice contractually.
  • dickibobboy
    dickibobboy Posts: 1,054
    First Post First Anniversary Combo Breaker
    Forumite
    You might want to add 'psychic ability' to your CV :D

    Haha, i’ve worked there before :D

    With regards to how long should i give it, i still wouldn’t want to sign it even making a note on the training part as i’m sure they will realise something.

    Close of play next friday i’ll know if i’m staying or going.
    Things that are free in life are great, well most of the time :beer:
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards