Employment Advice needed...

discogirl78

I am hoping that someone will be able to help me with this.

I recently resigned from my job that I had been in for 4 months. Hated it from the first day. The company sent me an offer letter outlining terms and conditions (hours, rate of pay, holidays, etc). It also stated that I would be required to repay a proportion of the training costs if I left within 2 years. It did not stipulate, percentages, costs of the training courses, etc. I have now been presented with a bill for £1800 (83% of the training costs) due by June 2012. I have not been provided with an Employment Contract, nor Training Agreement to sign.

These are the basics surrounding the issue and would really appreciate if anyone has any experience of such matters. i.e. do I just agree to pay the figure but at a monthly figure I can actually afford (not £358 for 5 months), or do I tough it out because she doesn't have a leg to stand on. I am so worried! I don't have £1800!

Any advice on this matter would be gratefully appreciated.

Discogirl

Madjock

I would imagine if you have signed the contract, then you are bound to it, no matter if it didin't stipulate a percentage. You should have asked before you signed.

Emmzi

if it were external training courses then it is very clear cut; yes, you will need to pay.

If internal. less clear cut, as they need to show an actual incurred cost - so ask for how they came to £1800.

gibson123

Sounds like you signed a contract, however there may be quibble room over the costs, especially as they were not outlined in the original letter. I would ask for a detailed list of the costs and for proof that these costs are directly associated with the cost of your training, including dates, times etc. Also find out how much other people are charging for this training. What type of training was it, is the costs reasonable?

doom

If £1800 is 83% of the training cost, then the total training cost works out at roughly £2168. Could the original poster maybe shed some light on what the training was that cost so much - just out of curiosity. You also say you disliked the job from day 1, did you undertake this 'expensive' training with the knowledge that you weren't really going to enjoy the job?

Did you at any time during your four months there speak to your employer about your dislike of the role? Maybe they could have done something about it? Did you give them a chance or did you just walk away with them none the wiser about your dislike for the job?

And just to play devil's advocate for a while, what's to stop the original poster from sending a letter to his old company with a cheque for £108 (10% for example), saying the obligations have been met as the offer letter only stated he had to repay a proportion of the costs, which he has now done??

zzzLazyDaisy

The fact that repayment of training costs was set out in the offer letter, and that you accepted the job knowing this is enough for you to be contractually bound. So yes, if the costs are legitimate, then you do owe the money.

If you don't pay, the only way of enforcing the costs would be for them to take you to the small claims court. They would have to prove that the costs had been incurred and show how your share had been calculated. If the judge finds against you, you would also have to pay their court costs, and also solicitors fees for lodging the claim (I think this is about £80, but you can google for the up-to-date figure).

If you are out of work or on low income when the judgement is made, you produce evidence and the court will normally allow you to pay a small monthly figure. So it is in their interests to come to an agreement with you.

Many employers won't bother with court proceedings and will simply write off the loss as too much trouble. But of course there is no guarantee of that.

doom

I guess if you have to pay a proportion of the costs if you leave before 2 years, with 100% payable if you leave straight away and 0% after 2 years, it would go down by just over 4% a month. So there would be 83% roughly left after only 4 months!!

mariefab

Did you sign a copy of the offer letter and return it to the employer?

zzzLazyDaisy

There is no requirement to sign the offer letter, simply accepting the job and working is enough to complete the contract as you are deemed by your actions to have accepted the conditions.

Unless you can reasonably claim that you never received the letter, and were not aware of the conditions relating to training - but that is unlikely since without the offer letter you wouldn't know you had been offered the job (if that makes sense).

getmore4less

mariefab wrote: »

Did you sign a copy of the offer letter and return it to the employer?

Does not matter it would still be contractual even without signing.

discogirl78

This is a copy of my offer letter, which I replied via email accepting the role.

"Re: Offer of Employment

Thank you for coming into the officeto meet with us.

I have the pleasure of offering you employment asan [job title] with [ company name ]based at the office in [ location ], subject to health clearance,satisfactory references and CRB check.

Please can you complete the enclosed healthdeclaration form and return it in a sealed envelope marked pre-employment healthdeclaration inside an envelope addressed to myself.

As you are aware, this is a new role and we are notsure in which direction this will lead at present. It is therefore difficult toprovide you with a format to your employment, your flexibility is thereforeessential to the success of this role. I propose that we meet formally on amonthly basis to discuss the priorities for the following month, although,again these may change depending on demand.

As discussed, I am able to offer you a salary of£?? for an annualised hours contract of ?? hours. Your working hours will bearranged at times convenient to both you and [ company name ], to be claimed byyourself as per companyprocedures.

You will be entitled to ?? hours annual leave plus?? hours bank holidays. [ company name ] closes for business between Christmasand New Year and you will be expected to take 1 week’s annual leave from yourannual leave entitlement allowance.

There is possibly the opportunity for additionalwork beyond your normal hours per month. This work will be considered as ad hocwork and will be arranged with you on an individual assignment basis. Pay forthe ad hoc work will be at your normal hourly rate per hour between the hoursof 6 am and 8pm and double time outside those hours for work on site. You willneed to inform [ company name ] where you wish to claim any time exceeding yournormal hours by the 17th ofeach month.

The work will require you to travel between sitesand mileage can be claimed at 45p per mile for any work-related mileage from theoffice unless otherwise informed. You will be expected to ensure you have business travelcover on your car insurance policy.

Whilst we cannot offer occupational sick pay, youwill be entitled to statutory sick pay where appropriate and in accordance withgovernment guidance.

You will be expected to achieve competency for therole of [ job title ]and undertake professional developmentwhich we are happy to invest in where it contributes to the company. If youleave within 2 years of any professional development you will be required torepay a proportion of the costs of the training back. You will need to maintainpersonal professional indemnity insurance throughout your employment and for atleast 6 months following termination of your employment. We will need evidenceof your PPI on an annual basis.

We will require evidence of your eligibility towork in the UK. Please can you provide me with a copy of your passport or otherdocumentary evidence.

If you would like to accept this offer ofemployment, please could you confirm in writing. Following our discussions, I wouldlike to confirm your start date as the Thursday 6 October 2011, unless youinform us otherwise.

I look forward to working with you."


This is the only letter I have ever received.