Repayment of Training Fees

London_Jim

Hi,

looking for a bit of advice regarding the repayment of training fees.

To explain further, my employer has paid for a training course, as well as all exam fees, etc.

I have taken a job elsewhere, resulting in my employer asking for me to repay these fees, which is fair enough, and expected.

However my issue relates to the manner in which they have demanded payment - they have stated it must be paid in full from my final salary. However, due to the value of the course, this would mean my entire salary being wiped out.

I have explained that I cannot afford this, and asked for a payment plan to be agreed, which was dismissed outright.

I've done a bit of googling, and there are suggestions that my employer cannot simply take all of my salary.

Further to this, I have referred to my contract, which makes no reference to training courses, and the repayment of any fees. It also does not refer to any other document.

The staff handbook does refer to this requirement.

The reason for my leaving (aside from a better job) is frustrations associated with not being given an opportunity to apply what I have learnt from the course. Any suggestion made, irrespective of how big or small, was dismissed, which led to me having a meeting with my manager to discuss my frustrations, and question why I was sent on a course but not allowed to use the skills that were learnt.

Nothing changed, hence my decision to move on.

Can anyone advise on how I can proceed? Is it easy to challenge this sort of term? How would I do so? Could I argue my way out of paying it back completely on the basis they are not losing out because they will not accept any changes? Or is there a way which I can force them to accept a payment plan, say £50 a month?

Thanks,

James

Sambucus_Nigra

Did you sign any agreement to repay any training fees?

If not, and there is nothing about taking payments out of your wages, then they can't take it in the first place. You'd have to wait until you got 'paid' and then put a grievance in and take it to a tribunal. Possibly involve the small claims court. There are other threads on here about the ins and outs of this...

mariefab

I agree with Sambucus Nigra. In the absence of a previous signed agreement your employer has no right to make a deduction for training fees.

You could try informing them asap (in writing) that if they recoup the training fees in this manner it would constitute an unauthorised deduction from your wages which would necessitate you raising an employment tribunal claim so that the tribunal could order them to reimburse you.
You could refer them to ERA 1996 s.13 below.
They may hopefully decide, in the interest of saving their time and money, not to make the deduction at all.

http://www.legislation.gov.uk/ukpga/1996/18/part/II/crossheading/deductions-by-employer

Fiddlestick

London_Jim wrote: »

Further to this, I have referred to my contract, which makes no reference to training courses, and the repayment of any fees. It also does not refer to any other document.

The staff handbook does refer to this requirement.

It's common for a contract to state that the company handbook also forms part of the contract of employment.

Does yours say that?

mariefab

!!!!!!! I read that line as 'staff handbook doesn't refer...'

What exactly does the handbook say about training fees?

London_Jim

Hi,

My contract only states that the contract itself and the offer letter form the terms of employment. It does mention the staff handbook, but only to say full details of the health and safety policy can be found there.

The handbook does state details of repayment, but as it does not form part of my contract, can I really be held to it?

marybelle01

London_Jim wrote: »

Hi,

My contract only states that the contract itself and the offer letter form the terms of employment. It does mention the staff handbook, but only to say full details of the health and safety policy can be found there.

The handbook does state details of repayment, but as it does not form part of my contract, can I really be held to it?

A staff handbook, the employers policies - they all form part of your contract, whether it says so or not. But my understanding is, and I may be wrong, that training agreement must be a sepearte and signed document. Ah, and I just googled it and find that I may in fact be wrong! It appears that is recommended practice, but not legally required, provided that you are aware of the policy, and providing the staff handbook means you were aware - if you didn't read it then that doesn't invalidate it.

Therefore if your contract contains a clause saying they can recoup monies owed to them directly from your salary, then that is in fact what they can do. They do not have to specify exactly what those monies are owed for.

And if it is a final salary, then the rules about deductions not taking the wage below a certain level don't apply - they can literally reclaim the whole salary (and more).

prowla

Having the staff handbook form part of the contract in some ways makes sense, but in others leaves you exposed to the possibility that T&Cs are changed without you knowing.

mariefab

If your contract specifically states that the offer letter and contract form the terms of your employment;
and the only mention in your contract to the staff handbook is the reference to the H&S policy;
and there is nothing in the staff handbook stating that its contents form part of your contract/terms of employment;
and you have never signed a separate agreement to be held to the terms of the staff handbook;
they may still be unable to lawfully deduct the training fees.

Do you have a copy of the staff handbook?
If so, what exactly does it say about recouping training fees?
I ask because sometimes these clauses are drafted in such a way as to make them unenforceable.

Fiddlestick

Out of interest, is there a requirement to stay employed for x period of time?

If so, can you not just wait it out?