Advice please RE repayment of study fees to employer

101seekingadvice

I have been with my current employer 6 months, joined as a graduate and they have funded around £2500 towards professional study fees.

I have a final interview with another company & need to know where I stand on repaying my study fees if I hand my notice in.

Terms of employment state "the company has the right to deduct from any monies due to you from the group any sums which you owe the company..." nothing specifically regarding study fees.

I have paid for my study fees and reclaimed through expense forms (which state nothing regarding repayment). The company handed out forms for employees claiming study fees to sign, however they have never taken these back (I have not signed one as of yet). This form states "I understand that if I discontinue the course, or leave the company within 1 yr I will repay all expenses received. this may be deducted from my final salary."

As I have not signed this form could they still deduct the fees from my wages? If upon handing in my letter of resignation I am asked to sign the repayment form, can I refuse & if so can they take any action against me?

Apparently a previous employer left & did not repay study fees which is why the repayment form was introduced, which makes me think that until I have signed this, I am not liable to repay.



Any guidance would be useful, thanks.

MrRedundant

Yes you have to repay and yes legally they can recover them.

caeler

I think if there is nothing specific signed by you regarding the study fees then they can't go via small claims to chase you. Obviously don't sign the form you were given! Of course you can refuse to sign if they ask you, they may try to discipline you. TBH it is your employers oversight to have not got you to sign before paying you extra money. They will learn from this I'm sure.

I think there is something in the law that suggests if you knew you would owe the money if you were leave within a year and they could prove you knew it might be enforceable but much harder to do without something signed! So would it be reasonable for you not to be aware?

If your company believe you owe they may deduct your final salary anyway and start the journey to chase you but that will lead to small claims when they'll need evidence which they won't have. To get your final salary back you'd need to raise an employment tribunal claim for unlawful deduction of wages.

All gets rather messy.

Moral side of things......you did know you'd owe money if you left within the year, so why leave?!

mountainofdebt

OP

I really don't get people like you.

Your company has been happy to fund professional qualifications with you knowing the conditions of that funding, and yet now when push comes to shove, you've decided you don't want to play the game.

IF it comes down to you trying to get out of repaying the loan, and I was writing your reference, I think I would have to add a comment about questioning your professional integerity after all it seems to me - from what you've posted, your professional integerity is definitely in question.

Sambucus_Nigra

The form doesn't have to be signed - if the staff have been informed of the change in company policy, and continued to work - then they are deemed to have agreed to the change in policy.

Plus the 'monies owing' clause is already in the contract - the company have just added 'study/course fees' to that clause.

People who do this put other people's training under threat in the future, and if the company have funded it and are not getting the benefits - then they should have every right to get this money back - why should another company get the benefits of the training?

donquine

101seekingadvice wrote: »

"I understand that if I discontinue the course, or leave the company within 1 yr I will repay all expenses received. this may be deducted from my final salary."

Sounds pretty clear to me and is a standard clause in many graduate schemes. If anything, I'm surprised it wasn't a part of company policy sooner and that it only goes back one year, rather than covering fees incurred during your entire training period.

If you are leaving to work for a competitor, your (soon to be ex) employer is likely to pursue you for the money. If you're really good, you might be able to convince this other company it's worth paying £2.5k just to hire you.

If you're changing field completely however, you may be able to convince your employer it's not in their interests to chase you for the money.

getmore4less

1 year is generous many are longer and tapered, full in a year 2/3 in year 2 etc. or prorta by month over say 2/3 years.

Get the new mob to pay any refunds you have to make.