Contract clause - deducting 10 days pay

Fiona_Miller

Hi all,

I wonder if anyone can shed some light on something for me please. I started contracting on an initial 3 month contract in March and one of the clauses was that if you leave within the initial period (3 months) then if you have benefited by training provided by them or the client, they can subtract up to 100% of up to 10 days pay for this.

Unfortunately, I didn't pass the training period so they let me go, and now I have been advised that they will probably take the 10 days pay from me.

My argument is that the only clause in my contract, that I signed to agree, is that if I have benefited from the training they could deduct a sum. I clearly haven't benefited at all as I didn't pass the training and now do not have a full time job. Also, there seems to be no talk of a lesser fee being taken, just the 10 days!

This now seems like they will deduct 10 days, no matter what the circumstances and I wondered what my rights were? I have asked for a calculation of what they have taken, how they came to this and a full explanation of how they think I have benefited. Do they have to provide this? What do I do if I still do not agree with their decision?

By the way, the training was background learning on the client and how they wanted the job to be provided, and how to use their internal systems, so it's not transferable to any other role.

Any advice would be appreciated.

Thanks so much!

Fiona

Fiona_Miller

They have now advised that the word "benefited" in the contract actually means "had". Can I argue that this is very misleading and that I would not have signed if I knew it just meant had?

Also, I started training on the Monday and did not receive my contract until that Friday, so the first four days I had no idea about this clause - would that make a difference?

Thanks

Kayalana99

I would of thought the wording 'you leave' not you were told to leave would be something to fight on as well...its worded if you leave by choice not if you don't pass and are told you have to go etc.

Emmylou_2

What is the exact wording of the clause in the contract, please?

Funky_Bold_Ribena

I believe that to take money out for training, you would have to have a separate signed document - signed before the training took place.

AP007

You have to sign to agree this deduction before you start the training and most companies ONLY take it IF you leave not if you fail and they get rid of you.

does it say if you fail you still have to pay for the training?

Fiona_Miller

Thanks for your replies - the contract wording is below:
. Please note if you leave the contract during the
initial term as specified above clause 4.10 will apply.
4.10 Should the Contractor leave the Assignment prior to the end of the Initial Term (as defined in the Confirmation Letter), if
the Contractor has benefited from Client or *Agency Name* training, *Agency Name* shall be entitled to deduct such sums as it in its sole discretion deems reasonable in all the circumstances, the amount of which shall be up to one hundred
percent (100%) of the applicable day rate for up to ten (10) working days.

I have asked repeatedly for an explanation as to how they have calculated this (I am being charged the full amount) and all I hear back is that the agency can't charge the client for the training time so they wouldn't pay me for these days. I think it's misleading saying up to 100% of 10 days if they are always going to charge the full whack!

I also wasn't offered an alternative role which I know other people were who also weren't up to scratch but when I ask about this I just get ignored.

I'm thinking of going to Citizen's Advice just to confirm where I stand and what to do if I am entitled to the money but don't want to waste their time if I don't stand a chance. What do you guys think?

Thank you!