Repaying training fees to employer

sazco

Just looking for some advice/opinions.

I've just been offered a new job, which I start at the end of this month.

I have handed my notice into my current employer.

In July, I completed a two-year diploma, professional qualification. This was not a compulsory qualification but part of ongoing professional development. My employer paid 75% of the training fees, I paid the remaining 25% myself.

When I applied to do the course, I had to make a written request to our board of management, who then approved the funding. My original request was for the first year only, I then had to make a further request for the second year of study.

At the time of applying the first time round, my line manager mentioned that I might have to repay the fees if I leave within 6 months of completing the course. He wasn't very clear as to how this actually worked, and gave the impression that it was unlikely that the company would actively pursue me for the money.

Obviously, I finished the course in July and am starting my new job in September, so am well within the 6 month period.

My employment contract says nothing about repayment of training costs. The first time round, I don't remember signing anything about repaying training costs. Prior to my second year, however, HR got me to sign a piece of paper saying something like 'I understand I may have to repay costs in full if leaving within 6 months of completion'.

Does anyone know how something like this would be enforced by my employer? I have a meeting with HR this week to discuss my reasons for leaving etc and think that this might get mentioned. I just want to be ready. I wonder if they will be expecting me to pay back the full cost for both years, or just the second year.

I'm definitely not trying to get out of something that I am required to pay, but just wondering if anyone knows about this kind of thing?

LittleVoice

You need to know what the precise wording was on the piece of paper you signed.

If HR had considered the situation properly, they would have included something about deducting the contribution from your final pay.

woody01

If you signed to the effect that you may have to pay those costs back or it was in your original contract, then 100% yes, they can and probably will actively persue you for the course costs back.

Rightly so aswell actually.

sazco

Thanks for the replies.

LittleVoice I know you are right, I need to know exactly what I signed. It definitely did not say anything about deductions from my final salary. That wouldn't even pay it off anyway! The amount I owe is two times my monthly salary! I thought that they would maybe offer some kind of repayment agreement, but no idea what would be an acceptable monthly amount to pay.

456789

A lot of professional training contracts such as accounting or law tend to have a clause like this in their training contracts

The ICAEW says:

Repayment of training fees

Our lawyers have advised against including a clause in the standard training contract requesting the student to repay training fees if the contract is terminated. This type of clause may not be enforceable as a court of law could rule that it restricts the ability of the student to change their employment.

however nearly all training contracts have them

and contesting it in court would likely be long and difficult so you probably have to pay them back