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  • FIRST POST
    • MrYoungg
    • By MrYoungg 13th Jun 17, 11:35 AM
    • 17Posts
    • 2Thanks
    MrYoungg
    Charging for training if leaving the job
    • #1
    • 13th Jun 17, 11:35 AM
    Charging for training if leaving the job 13th Jun 17 at 11:35 AM
    Hello,

    In my contract there is a section which states that if I leave the company in the first year of employment I need ti pay back the cost of training £3k(it's not a driving license,nor any formal qualification,rather know how). If I leave during my second year (which is now) it's £2k,and the third year it would be £1k. Im not aure but I think in my contract it's stated that they may charge me.

    As I said the training wasn't a formal qualification so they can't just give me a bill. My training lasted a month,and since there I was making money for the company.


    So I have two questions:

    A) if they try to charge me,do I have any chance to argue with them that I made much more money ever since and my leaving is not leaving them with "not made any money for us" kind of situation. If that makes sense.

    B) are they aloud to charge this money off my last payslip?or if they would like to do it,they would have to give me some kind of invoice?


    Cheers
Page 1
    • Undervalued
    • By Undervalued 13th Jun 17, 12:17 PM
    • 3,112 Posts
    • 2,838 Thanks
    Undervalued
    • #2
    • 13th Jun 17, 12:17 PM
    • #2
    • 13th Jun 17, 12:17 PM
    Fir training fees to be recoverable there needs to be a specific agreement in place. That can be part of your employment contract but, unlike most other aspects where simply turning up and working forms a contract, it would generally need to be signed to prove you had accepted that term.

    Even then the amount recovered would need to be reasonable and proportionate to be enforceable.

    That said, they have the whip hand as they can simply deduct what they claim is due from your final pay leaving you to take them to court to recover any excess.
    • TELLIT01
    • By TELLIT01 13th Jun 17, 3:10 PM
    • 3,874 Posts
    • 3,943 Thanks
    TELLIT01
    • #3
    • 13th Jun 17, 3:10 PM
    • #3
    • 13th Jun 17, 3:10 PM
    The OP says that there is a section in the contract of employment detailing the amount which will have to be paid back. I would assume therefore that it is enforceable.
    As for the OP trying to argue that he/she has made them money ever since, I would suggest they would have been out the door before now had that not been the case!
    • Undervalued
    • By Undervalued 13th Jun 17, 3:30 PM
    • 3,112 Posts
    • 2,838 Thanks
    Undervalued
    • #4
    • 13th Jun 17, 3:30 PM
    • #4
    • 13th Jun 17, 3:30 PM
    The OP says that there is a section in the contract of employment detailing the amount which will have to be paid back. I would assume therefore that it is enforceable.
    As for the OP trying to argue that he/she has made them money ever since, I would suggest they would have been out the door before now had that not been the case!
    Originally posted by TELLIT01
    Only if they have positively accepted that section, perhaps by signing the contract. As I said, just turning up and working is not sufficient for this to be enforceable, unlike virtually all other aspects of their contract of employment.

    Even then only a reasonable and proportionate amount can be reclaimed, regardless of any figures in the contract. I have no idea whether the figures mentioned by the OP would be regarded as reasonable or not by a court.
    Last edited by Undervalued; 13-06-2017 at 3:32 PM.
    • sangie595
    • By sangie595 13th Jun 17, 5:20 PM
    • 3,722 Posts
    • 6,100 Thanks
    sangie595
    • #5
    • 13th Jun 17, 5:20 PM
    • #5
    • 13th Jun 17, 5:20 PM
    I agree with Undervalued, but I have a funny feeling about this one, because £3k and a diminishing return for three years sounds very much like the employer knows what they are doing. Perhaps not - but the jokers usually have a couple of £100's for sitting watching a DVD! £3k is a lot of money to think you are going to get away with it - unless, of course, you know you are going to get away with it!
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