Being chased by ex employer for repayment of study fees

RobertoMoir

Bedsit_Bob wrote: »

I was going on this statement.



Sounds like an ultimatum, as in "You're not going anywhere, until you sign this".

Given that keeping someone locked up against their will is against the law in this country, how would they stop the OP from "going anywhere"?

zzzLazyDaisy

vax2002 wrote: »

As advised, it will take more than a signed bit of paper to obtain a CCJ.
They would need a correctly drawn contract signed before commencement of the terms, not after.

This is absolutely right, but (as I understand it) OP says that his contract of employment provided that if he left within a certain period the training fees would be repayable. By working under the contract he is deemed to have accepted the terms and it seems likely that the contract came into force before the training took place.

The only reason for getting out of this, that I can see, is if the fee repayment is disproportionate. So, for example, if the contract says if he leaves within two years the whole amount must be repaid, and he leaves at 1 year 11 months. Hence best practice is to have a sliding scale of fees.

But if OP had the training and left fairly soon afterwards, then it is likely that the clause would be enforceable, since it is a fair protection for the employer to prevent employees gaining qualifications at the employer's expense and using the qualification to gain more remunerative employment.

OP, just out of interest, did you also have a post termination covenant prohibiting you working for a competitor within a defined radius/time period? because if you have breached such a covenant, I'd suggest that you don't ruffle any feathers and pay the money back.

bigadaj

RobertoMoir wrote: »

So what would have happened if you had said "No"?

You know what happens when you get accountants riled, they move into lion taming!

KiKi

danielanthony wrote: »

I would take proper legal advice as they can only chase you for a debt if you have a loan with them, and not some made-up training program. Yes, you might have agreed to their terms, but they might not be enforcible legally.

I wouldn't call an accountancy qualification a made-up programme. If it's contractual and the employee has signed to this effect prior to training (I'm not talking about the 6 monthly payments) then it's lawful.

And for reference, companies can chase for debts which are not loans. Overpayments of salary, bonuses and paid leave for starters.

Takeaway_Addict wrote: »

This is wrong, as long as the company got the employee to sign an agreement stating that if they left before the agreed date then the employee would be liable for a certain % of the costs then this is fine.

^^ This.

IKE25 wrote: »

Bob, basically the guy stood next to me ensuring I signed it. I can't prove this though.

This 6 month thing doesn't matter, signed under duress or not (although 'duress' doesn't mean someone standing next to you). What matters - as others have said - is the signed up front training agreement (which may be part of your contract). If they have that, and it's reasonable, then you have to pay it.

KiKi

CKhalvashi

Bedsit_Bob wrote: »

Signed under duress.

Did you write this on the paperwork, though?

OH does this, legally works!

CK

londonTiger

Auntie-Dolly wrote: »

Are you able to practice if you have judgements against you?

yeah this is why i didnt go into accountancy, one criminal record and urrr out. at least with ACCA that is.

Not paying debts isn't probably going to lead to a criminal record, but it's dodgy ground for an accountant to be in. OP should know better.

[Deleted User]

RobertoMoir wrote: »

Given that keeping someone locked up against their will is against the law in this country, how would they stop the OP from "going anywhere"?

You and I know they can't prevent someone from leaving, but the OP is/was quite young, and likely intimidated by "authority".

Emmzi

Bedsit_Bob wrote: »

You and I know they can't prevent someone from leaving, but the OP is/was quite young, and likely intimidated by "authority".

Not enough to pay back his debt he isn't...

[Deleted User]

zzzLazyDaisy wrote: »

OP, just out of interest, did you also have a post termination covenant prohibiting you working for a competitor within a defined radius/time period?

I thought such restrictions were unenforceable, following a case, many years ago, where a group of milkmen set up a business, in competition with the dairy they used to work for?

IIRC. The court determined that such a post termination covenant was a restriction on the right to work.

[Deleted User]

Emmzi wrote: »

Not enough to pay back his debt he isn't...

Nevertheless, even some quite mature people can feel intimidated, by someone with imaginary "authority".