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Clawback agreement uni fees
Bailos
Posts: 1 Newbie
My first post here, i genuinely hope someone can help me!
I recently left my previous employment for pastures new as i needed to help push my development forward. During this time my previous employer agreed to put me through university and subsequently pay my uni fees. At the time they sent me a clawback agreement detailing the terms and conditions of the contract. As i did not agree nor accept the terms and conditions i did not sign nor send back the agreement and the company still paid for my fees.
However three weeks after leaving the company i received a letter detailing that i must pay back 100% of the fees around £6500. Clearly as a graduate trainee at the company i felt the uni course was part of my training which my previous employer would provide to help develop my skills.
What do i do? Do i sit and wait to see if i receive another letter? Do i respond telling them i will not pay and request a copy of the signed clawback agreement?
I have approached an employment lawyer about this and he believes that because i did not reply to the letter and i still went on to do the course that this is as good as agreeing to the terms and conditions. However, he did mention that i could tell them that i did not receive the letter and was unaware of the clawback agreement. It is unlikely that they would take the matter to court as the costs would far outweigh the return but as my previous employer is a large company my may want to make a point of this. They clearly want some money back if not all!
Since receiving the letter it is understandable that i cannot stop thinking about this. Any help anyone could put my way would be greatly appreciated. How should i approach this????
I recently left my previous employment for pastures new as i needed to help push my development forward. During this time my previous employer agreed to put me through university and subsequently pay my uni fees. At the time they sent me a clawback agreement detailing the terms and conditions of the contract. As i did not agree nor accept the terms and conditions i did not sign nor send back the agreement and the company still paid for my fees.
However three weeks after leaving the company i received a letter detailing that i must pay back 100% of the fees around £6500. Clearly as a graduate trainee at the company i felt the uni course was part of my training which my previous employer would provide to help develop my skills.
What do i do? Do i sit and wait to see if i receive another letter? Do i respond telling them i will not pay and request a copy of the signed clawback agreement?
I have approached an employment lawyer about this and he believes that because i did not reply to the letter and i still went on to do the course that this is as good as agreeing to the terms and conditions. However, he did mention that i could tell them that i did not receive the letter and was unaware of the clawback agreement. It is unlikely that they would take the matter to court as the costs would far outweigh the return but as my previous employer is a large company my may want to make a point of this. They clearly want some money back if not all!
Since receiving the letter it is understandable that i cannot stop thinking about this. Any help anyone could put my way would be greatly appreciated. How should i approach this????
0
Comments
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How long was the tie in period after completion?
Did you finish and how long did you stay after completion?
Something to think about - you could offer to go back and complete the tie in period. You could hope that the don't want you, in which case it might be harder for them to make a claim stick?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
You accepted the agreement by your conduct, in that you proceeded with the studies which were funded by your employer.
If you want to give me the name of the 'lawyer' you consulted I will happily pass on his details to the SRA. No solicitor should be suggesting that you lie. Also, the costs of such a case would certainly not outweigh the return. It would not be a difficult action to bring - it would take half an hour to prepare and submit the claim and little more time if it went to hearing.Gone ... or have I?0 -
You may think you didn't agree or accept the terms, but unless you did this in writing, I'd say that you DID accept them, by continuing to turn up for work, by continuing to do the uni course, and by continuing to let them pay your fees.
Certainly that would be the case if you didn't sign a regular employment contract.Signature removed for peace of mind0
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