can employers reclaim training costs after they dismiss you???

dramalittlemamma

I am new to this forum so please bare with me!! I have just been dismissed by my employers whom i have been working for just under a year, they have just gave me my 4 weeks notice and reason for doin so is that i am not suitable for the post!! Whilst i will be seeking some advice on this matter in the meantime i have been contacted by my employers stating that they will be deducting money from my final salary to cover training costs which they paid for!! Is this allowed??? I havent signed anything saying i will pay back costs if i leave nevermind if they dismiss me, my contract says nothing about it and it was them that requested that i attend the training!!! please help ( a very frustrated and confused newbie ) :mad: x

Notmyrealname

OK...

First of all, you can be dismissed without reason in the first 12 months of your employment if it commenced prior to April 2012 and 24 months if it commenced after that so you can seek all the advice you want but unless you can prove it was on the grounds of discrimination (race, sex, religion) then you're on a hiding to nowhere.

Secondly, yes they can reclaim the costs if it is stated in your contract or terms of employment. Even if you haven't signed a contract, you are deemed to have accepted it by continuing to work there. It is pretty standard to include a clause stating a 2 or 3 year employment period. Check your contract and also any employee handbook as this also forms part of your contract and terms of employment. No deductions can be made from your salary unless by prior consent or a court order - if your employment contract mentions that they can then this would be considered prior consent, regardless of whether or not you signed it.

marybelle01

Notmyrealname wrote: »

OK...

Secondly, yes they can reclaim the costs if it is stated in your contract or terms of employment. Even if you haven't signed a contract, you are deemed to have accepted it by continuing to work there. It is pretty standard to include a clause stating a 2 or 3 year employment period. Check your contract and also any employee handbook as this also forms part of your contract and terms of employment. No deductions can be made from your salary unless by prior consent or a court order - if your employment contract mentions that they can then this would be considered prior consent, regardless of whether or not you signed it.

I disagree. The circustances for training costs and deductions are different than for other deductions. There has to be a training agreement, the costs must be stipulated, and the conditions for repayment, and it must be signed by the employee. Or at least that is what I have always read / been told.

OP - I would tell the employer that you have signed nothing to permit them to deduct training costs from wages, that you have signed nothing agreeing to repay training costs, and any attempt to deduct from your wages will result in a tribunal claim for unlawful deductions without further notice.

dramalittlemamma

This all seems a bit unfair, There is no mention in my contract about paying back training costs so are they still able to make deductions from my salary without consent? Is it worth me going to citizenz advice?

Notmyrealname

marybelle01 wrote: »

OP - I would tell the employer that you have signed nothing to permit them to deduct training costs from wages, that you have signed nothing agreeing to repay training costs, and any attempt to deduct from your wages will result in a tribunal claim for unlawful deductions without further notice.

Again, you don't need to sign it if it is in the terms of employment/contract. By continuing to work you are deemed to have agreed to the terms.

dramalittlemamma

marybelle01 wrote: »

I disagree. The circustances for training costs and deductions are different than for other deductions. There has to be a training agreement, the costs must be stipulated, and the conditions for repayment, and it must be signed by the employee. Or at least that is what I have always read / been told.

OP - I would tell the employer that you have signed nothing to permit them to deduct training costs from wages, that you have signed nothing agreeing to repay training costs, and any attempt to deduct from your wages will result in a tribunal claim for unlawful deductions without further notice.

This is what i was lead to believe, surely they cant just deduct costs from my wages!!

marybelle01

Notmyrealname wrote: »

Again, you don't need to sign it if it is in the terms of employment/contract. By continuing to work you are deemed to have agreed to the terms.

Sorry, but I recall SarEl saying exactly the oposite to this.

PS - The OP says that there was nothing in their contract about it anyway - so it's a bit moot!

Mrs_Arcanum

Go to CAB and get advice.

1940sGal

dramalittlemamma wrote: »

Is it worth me going to citizenz advice?

Absolutely. You have nothing to lose by getting some advice.

dramalittlemamma

Thank u all for taking the time to reply to my post, does anyone happen to know off the top of their head if i will be entitled to recieve benefits/JSA as i have been dismissed? I have 2 young children n my partner works but only recieves average salary £15k, i am going to go to CA anyway but just on the off chance that anyone can fill me in a bit more on entitlements..ive never been in this position before, always worked/paid taxes

dandelionclock30

What happens is the DWP will make a decision if you can get your JSA. It is not correct that everyone is sanctioned after being dismissed. ¬I was dismissed for misconduct and I got my JSA.
If you have been working then a person usually gets contribution based JSA for 6 months. After that it will depend on your savings and how much your partner gets etc.
The CAB need to do a full benefits check for you.