Leaving job, repaying training fees

invisibleyousee

Thanks SarEl, I've asked again for them to inform me what it is they're actually taking but they don't seem to know the answer to the question (for a company with several thousand employees who have undergone countless restructers to make them lean and mean, I'd have hoped for better from the management and HR!!).

I'm happy that I have a new job, at least; it is much closer to home and more money, just going to be a very difficult month or two to try and cover the costs of this.

Without knowing how much they're taking - whether it is my entire salary or what - then I can't apply for a loan as I don't know on what sum it'll be needed, and I also can't start trying to get them to spread it over a period of time..

Hammyman

invisibleyousee wrote: »

Can they simply take me entire salary, leaving me with no money? What's more, can they do this without giving me any notice of their intention do so, or - considering my last day is Wednesday - giving me less than 48 hours notice?

What is my legal position? Help, please!

Thank you for any advice, it would be very much appreciated and sorry if this an ultra long post!

Yes they can. Your legal position is that YOU SIGNED A CONTRACT in which they can recover the fees if you leave before a certain period which you are doing.

saintjammyswine

SarEl wrote: »

She is a barrister currently on "sabbatical" - loosely translated as she thinks she has earned enough money (and knows you can't take it with you so what the hell!) and should enjoy life, but isn't sure that this early retirement thing so since she owns the company (so to speak) she is testing the water to see if she gets bored. Will that suffice as a status report?:)

Sorry for the wording, wasnt sure about lawyer, solicitor, barrister and didn't want to insult!

smartiedriver_2

Mistral001 wrote: »

Can you suggest paying it back in installments, say by giving them six post-dated cheques.

Post-dated cheques are illegal, I believe, under the Cheques Act (1986).

In terms of the agreement, yes, they can leave you with nothing. You have benefitted from the training and qualification so you have to pay for it.

Mistral001

smartiedriver wrote: »

Post-dated cheques are illegal, I believe, under the Cheques Act (1986).

In terms of the agreement, yes, they can leave you with nothing. You have benefitted from the training and qualification so you have to pay for it.

I was assuming that you get the employer's agreement first that they would not present the cheques before the date on the cheque.

But, interesting to know the Banking law on this.

SarEl

saintjammyswine wrote: »

Sorry for the wording, wasnt sure about lawyer, solicitor, barrister and didn't want to insult!

Wasn't taking it wrong. After a few weeks of my sabbatical I am not sure of my status either! I am sure a nice holiday will solve my problems! Which is coming soon!

Evilm

There must be a 'expiry' on having to pay back the training costs? Usually its something like 12/24 months or completion of the training and recieving certification. What does it say in your contract?

(I'm wondering if the contract would allow them to take all three years or if they would be restricted to a shorter period or uncompleted courses?)

Oh, and a bank WILL cash a cheque that is post dated early if presented to them (let alone the issue about them being illegal) so if you can reach a monthly payment agreement it would be better to agree the amount and how long for in writing and then set up a Standing Order from your bank for that length of time.

bodmil

But there's a direct train from Trowbridge to Bristol, why do you have to pay 3 months salary in fuel?

SarEl

Evilm wrote: »

(I'm wondering if the contract would allow them to take all three years or if they would be restricted to a shorter period or uncompleted courses?)

That is why I said look at the agreement. It generally has to reduce over time - but this is at the fringe of the time at best.

Rueben_2

bodmil wrote: »

But there's a direct train from Trowbridge to Bristol, why do you have to pay 3 months salary in fuel?

I don't think this works out much better off. You're looking in the rough region of £60 a week in train fares (and I'm assuming a railcard discount here), which works out at around £2500-£3000 per year. And there may be buses at either end, adding further costs.