Training Agreement

confused86

Hi,

I signed a Training Agreement with my employer last year for a course that I wanted to do and they agreed to fund 75% of the fee. I have paid the other 25%.

I have now been offered a brilliant opportunity at another firm which is too good to turn down as it is the next step in my career but i have this training agreement in place where i have to pay back the money to my current employer if i leave within 6 months of completion of the course.

I have accepted the new job and now my firm has told me that i have to pay back the fee which is just under £2500 (which i dont have) and if not they will take my final wage off me (which is what it says within the agreement)

I cannot afford for that to happen as i have my mortgage and bills to pay and need my wage. I appreciate the fact that i signed this agreement but i dont have the money to pay this amount back right away.

My questions are:

1. All the way through the agreement it states that I have to pay the fee back if i leave within 6 months of COMPLETING the course....I have not completed it yet, I graduate in August. Do I have to pay it back?

2. It refers to 'the completion date above' but no date was entered. They dont have any record of my end date. Again do I still have to pay them back?

3. Are they entilted to take all of my wage this month or would this be deemed unreasonable as I will be left with nothing to pay my bills or live on?

Any help and advice would be appreciated

Thanks
Amy

Googlewhacker

Legally I am not sure on the exact terminology but if you have signed an agreement then I suspect that you would have to.

I would be proactive myself and offer an arrangement to pay the £2500 within a 12 month period and if they are reasonable they will accept this.

confused86

Would you know if they are able to take my full wage?

iamana1ias

Yes they are, because otherwise you'll probably do a moonlit flit with their cash. Will the new company reimburse them/you for the training?

Googlewhacker

confused86 wrote: »

Would you know if they are able to take my full wage?

Talk to ACAS is probably the best advice. I suspect the answer is no as it would be deemed as an unfair deduction of wages (unless it is stated in your contract that they would be able to deduct training fees etc)

confused86

Thank you....I will do that

1984ReturnsForReal_2

Depends on what you signed.

But you shouldnt be thinking you dont have to pay it back.

Best of luck with ACAS.

Thought about asking your new employer to pay?

iamana1ias

It seemed a fair agreement when you wanted their money, OP.

iamana1ias

Googlewhacker wrote: »

Talk to ACAS is probably the best advice. I suspect the answer is no as it would be deemed as an unfair deduction of wages (unless it is stated in your contract that they would be able to deduct training fees etc)

The agreement he signed made it part of his contract.

Googlewhacker

iamana1ias wrote: »

The agreement he signed made it part of his contract.

*she, and I agree but only if it states it has to be paid back which it sounds as if it does.

Again I would reiterate offering a reasonable payback scheme.

Premier_2

Are you planning on leaving before 6 months after you have completed the course? Yes

You knew the terms of the deal, don't try and play the semantics card to get out of your responsibilities.

Pay the course fee owed. If the new employer wants you so much, perhaps you should negotiate that they pay for it, or at least give you an advance so that you can pay them back at an affordable rate.