Company reclaiming training costs?

scott_viggars

Not sure if this is the right kinda thread for here, but just trying to get some advice really.

I worked for a company for 3 years, with a contract that stated basically that after the 3 years training I needed to work for them for 2 years before leaving. If I left within a year I would have to payback 100% of the training costs. That is the only sentence in my contract about repaying costs, nothing about over any time-frame, or minimum payments.

The company have since got in touch asking for all of the training costs (just under £10k) to be paid back. I will be unemployed very shortly as I am going back to university to pursue a career I have wanted to do for a number of years so won't have a high income over the next few years. I have told the company all this and have said as I may be living off my student loan (due to the intense nature of my course making a part-time job difficult) would it be possible to payback £10/month up until I finish my course, and then larger sums once qualified. I thought this was fair as nothing is mentioned in the contract regarding any time-frames or minimum payments. The company have since replied by saying they do not consider this a reasonable amount and I should get in touch within one month with a reasonable amount or they will pass the case onto their lawyers.

This is the first time I have had to deal with anything like this and am petrified of been taken to court, even though the reason I left the company in the first place was because I was made to work on a broken foot (something that a doctor clearly told my company I shouldn't be working on), so the healing process took much longer and subsequently I got very far behind in my studies so that I wasn't able to fully complete the course I was on.

Does anyone know anything about the law behind this, and whether I can dictate how much to payback per month based on what I can afford? At the end of the day nothing is stated in my contract and I have clearly been willing to payback the company what I can afford and have offered to sign a contract to ensure I do pay what I have proposed. Any help would be so greatly appreciated!

jdturk

scott_viggars wrote: »

Does anyone know anything about the law behind this, and whether I can dictate how much to payback per month based on what I can afford? At the end of the day nothing is stated in my contract and I have clearly been willing to payback the company what I can afford and have offered to sign a contract to ensure I do pay what I have proposed. Any help would be so greatly appreciated!

If you are unemployed then £10 a month is probably reasonable, however if you are working part time, student loands etc it may not be.

You need to prove to your former employees your expected statement of affairs.

scott_viggars

Thanks for the response. Basically I will be living off a student loan whilst at university as I won't have any time for a part-time job. So effectively I will be living off around £3000 a year. I thought £10 a month to them would be reasonable based on this.

dmg24

scott_viggars wrote: »

Thanks for the response. Basically I will be living off a student loan whilst at university as I won't have any time for a part-time job. So effectively I will be living off around £3000 a year. I thought £10 a month to them would be reasonable based on this.

What course are you doing? The great majority of undergrad courses give plenty of time for part time work.

scott_viggars

Diagnostic Radiography. The course doesn't allow for any time throughout the week as it is full-time in university, 5 days a week. While I am not at university I am on placement in a hospital working full-time. Unfortunately the placement is for the course and so is not paid! The only time I would have for doing uni work would be weekends.

patman99

Did you break your foot at Work?. If so, claim against them. you have 2 years from date of injury to start a claim.

Anyway, when you signed your contract you agreed to abide by it. Therefore if you had £10k worth of traing then left less than 2 years afterwards, then yuo must realise that you will have to pay them back. Frankly I'm surprised they didn't dock the lot out of your final wages, then persue you for the rest.

scott_viggars

No I broke it away from work. I then got the go ahead to go back to work (I worked onboard cruise ships), and then flew out to join a ship and my foot started hurting whilst onboard. It was xrayed and found to be broken still. So I didn't break it at work, but it was made worse by me not been flown off the vessel.

I totally agree I signed the contract and do owe the money. I haven't tried to dispute that with them at all. I am happy to pay them back, it is the amount which is the issue. I have suggested £10/month until I qualify from university, and then pay the rest back in larger sums as I have a guarenteed job with the NHS after my course. They don't seem happy with £10/month, even though I will be living off just £3000 a year at university.

dmg24

scott_viggars wrote: »

Diagnostic Radiography. The course doesn't allow for any time throughout the week as it is full-time in university, 5 days a week. While I am not at university I am on placement in a hospital working full-time. Unfortunately the placement is for the course and so is not paid! The only time I would have for doing uni work would be weekends.

I would look at finding ways to make a more generous offer to your past employer, even if the higher payments cannot be made on a regular basis. You could sign up for care work (a shift at the weekends, plus more hours in the holidays) to supplement your income. If the employer shows that you are willing to make efforts, they are much more likely to negotiate.

jdturk

what costs are you going to have during that year, you're offering to pay back £120/£3000 which is what 4% of your salary for that year, I'm not sure that is unreasonable to be honest...You need to show a SOA and as you say state that when the course finishes you will redo it.

If they take you to court I would have thought all a judge would do is say follow your SOA as long as it is reasonable

scott_viggars

Ok thanks for that. I mean they already know I am trying to get part-time work, and have told them if they want I can show them proof of that. The thing I am more concerned about is if they could get their lawyers involved, even when I have shown I obviously am willing to pay them back what I can afford, even though no minimum payments were mentioned in the contract.

scott_viggars

jdturk wrote: »

what costs are you going to have during that year, you're offering to pay back £120/£3000 which is what 4% of your salary for that year, I'm not sure that is unreasonable to be honest...You need to show a SOA and as you say state that when the course finishes you will redo it.

If they take you to court I would have thought all a judge would do is say follow your SOA as long as it is reasonable

Out of that £3000 I need to pay for general living costs, travel to my placement hospitals, any books and stationary required for the course. So even without paying the company I will be struggling. This is why I thought suggesting I would pay any remaining balance in full on qualifying would be suitable.