Company reclaiming training costs?

scott_viggars

I raised the issue of lack of support throughout the 3 years I was with the company. While on placement we were trained by engineers on the ships. Unfortunately I was placed on vessels with foreign officers who did not speak good english and so I learnt very little. The only support I was offered was extra tutoring on how to do an oral exam, not extra support in the stuff I needed to know in order to pass the oral exams!

The injury got should have healed within 6 weeks. Because I was made to work on it, it took well over 6 months to heal and still isn't totally right. This means I effectively missed out on 4-6 months of time on placement doing the hands-on stuff I needed to learn. The company said they couldn't pay for me to go away for another 4-6 months, so instead sent me away for 6 weeks to try and do 6 months worth of work. I didn't use this as a way of walking out, the company would not give me the necessary extra time to complete what I needed to, even though the only reason my injury took so much longer to heal was because of poor management on their part.

jdturk

scott_viggars wrote: »

I raised the issue of lack of support throughout the 3 years I was with the company. While on placement we were trained by engineers on the ships. Unfortunately I was placed on vessels with foreign officers who did not speak good english and so I learnt very little. The only support I was offered was extra tutoring on how to do an oral exam, not extra support in the stuff I needed to know in order to pass the oral exams!

The injury got should have healed within 6 weeks. Because I was made to work on it, it took well over 6 months to heal and still isn't totally right. This means I effectively missed out on 4-6 months of time on placement doing the hands-on stuff I needed to learn. The company said they couldn't pay for me to go away for another 4-6 months, so instead sent me away for 6 weeks to try and do 6 months worth of work. I didn't use this as a way of walking out, the company would not give me the necessary extra time to complete what I needed to, even though the only reason my injury took so much longer to heal was because of poor management on their part.

I don't get why you were 'forced' to work on it, did you not get a dr's note?

scott_viggars

I was working aboard a ship, so the ships senior doctor told everyone senior onboard about my injury and that I should only perform light duties. The Chief Engineer interpreted this to mean going up and down ladders into the engine room, something that one of the radiologists I saw back in the UK told me only delayed the healing.

teabelly

I'd wonder whether it wouldn't be a sensible idea to see a no win no fee lawyer and see if you can get some sort of PI claim from them? Clearly they have caused you extra pain and suffering and it would give you some leverage. The threat may be enough so that they accept your offer as you clearly intend to pay it back even though morally it may be questionable for you to pay all of it back as it was partly their behaviour that prevented you finishing the course and carrying on working for them.

Or just call their bluff and start paying them the £10 a month you have said you can afford. This way it is much harder for them to bring an action on you as you are already paying the money back. A judge isn't likely to order you to pay what you can't afford. It also may be worth seeing a specialist employment lawyer as there maybe any number of loopholes you could exploit if they haven't done things by the book.

jessicamb

probably worth getting a breakdown of how they calculated the debt too if you arent aware of the full cost, just so you know you are paying the right amount.

HO87

scott_viggars wrote: »

I was working aboard a ship, so the ships senior doctor told everyone senior onboard about my injury and that I should only perform light duties. The Chief Engineer interpreted this to mean going up and down ladders into the engine room, something that one of the radiologists I saw back in the UK told me only delayed the healing.

Did you query this at the time? The implication of your post is that you went along with it and have only discovered the consequences of what happened since. That doesn't mean that your employers might not have some form of liability. However, I wouldn't rely on being able to apply any leverage if you attempt to make a claim against them. At the end of the day you can't get blood from a stone and if you are not earning you simply can't make any meaningful repayment.

scott_viggars

Ok thanks a lot for that guys. I made sure the Chief Engineer onboard knew the situation, and made sure that he had been informed by the Senior Doctor. I was still asked to work in the engine room for some time. I did this because I was only an officer cadet, and its a bit intimidating when someone with four stripes asks you to do something! I know looking back I should have refused, but I did make sure he was informed of the situation. Once I got shoreside I found out that the companies specialist radiologist in LA said he thought I may need surgery because of the particular injury I had. Luckily I haven't needed that, but I presumed that would have been enough for them to fly me home immediately, but clearly not!

bristol_pilot

I would be tempted to call their bluff and let them take you to court. As I understand it , these 'pay back all your training costs if you leave' clauses can be held to be unreasonable contracts or 'restraint of trade'. Since the reason you left was basically down to the employer, I would have thought a court may well find in your favour; certainly I am aware of at least one case where the person left due to being made redundant by the employer who then attempted to claim back all training costs and lost. Of course, you need individual specialist legal advice before going down this route.

jdturk

bristol_pilot wrote: »

I would be tempted to call their bluff and let them take you to court. As I understand it , these 'pay back all your training costs if you leave' clauses can be held to be unreasonable contracts or 'restraint of trade'. Since the reason you left was basically down to the employer, I would have thought a court may well find in your favour; certainly I am aware of at least one case where the person left due to being made redundant by the employer who then attempted to claim back all training costs and lost. Of course, you need individual specialist legal advice before going down this route.

Being made redundant is differant to leaving on your own accord. The company could have continued to provide the OP work but the OP didn't want to where the person you know didn't have that choice

bristol_pilot

The OP would argue that he was forced to leave by the actions of his employer.

Also, a 'lock-in' of more than a year (3 years in the OP's case) is unreasonable and amounts to restraint of trade.