Employer Claiming for money on contract they never paid for.

joekinerman

my old employer is trying to claim for a contract i was under for a course they say cost THEM £2000 when infact they never paid for the course it was something i won during my emplyment and was made to sign a contract.
i would love some advice on this.
thanks

bap98189

I'm assuming that you recently left your employer and they are asking you to repay training costs.

Firstly you need to establish whether or not they had to pay for the course. Ask for a copy of the course provider's invoice and proof that they have paid the invoice. If they cannot provide evidence that they have actually paid out the money then you have nothing to worry about.

joekinerman

They did not pay for the course. It was something I won to go and do however I have signed a contract saying if I leave before sept 2014 they want the money for the course. My argument is they had never payed for it, contract or not.

cazziebo

joekinerman wrote: »

They did not pay for the course. It was something I won to go and do however I have signed a contract saying if I leave before sept 2014 they want the money for the course. My argument is they had never payed for it, contract or not.

Why did you sign the contract to say you would pay it?

joekinerman

Was either that or I couldn't do the course.

marybelle01

joekinerman wrote: »

They did not pay for the course. It was something I won to go and do however I have signed a contract saying if I leave before sept 2014 they want the money for the course. My argument is they had never payed for it, contract or not.

But did they pay your wages - which is a cost to them - for a course they could have refused to allow you time off to go on? In which case your wages were the cost and you signed a contract to that effect. Ask them for a break down of the costs they are reclaiming - but I would bet that they are wages costs.

joekinerman

It says on the contract "the cost of the training course"

jobbingmusician

Would you have been able to win the course if you had not entered as their employee? If the answer to this is 'no', they may feel that you have won the course as their employee, and the benefit of the winnings is thus theirs.

I would in any case argue that you agreed to repay them the cost of the course, but that you knew the training course actually cost them nothing because you won it. (You didn't win it from THEM, did you?)

joekinerman

Yeah it was open to anyone in my industry

spacey2012

Write back and inform them the charge is a contractual penalty Dunlop Pneumatic Tyre Company v New Garage & Motor co
That this charge is not a loss or cost the employer either actual or estimated and as the case law above states clearly any contractual penalty is non -recoverable, signed sealed or delivered.

joekinerman

Sorry I didn't really understand that "spacey2012"