Enforcing payment for mandatory training

Stressedatwork

Hi,

My employer wants to make employees pay back money for Mandatory training they have received if they leave the company, irrespective of how long you have worked there, which in my case would be nearly eight years. I may have a new job and would fight this clause. I believe that they cannot enforce contract terms retrospectively. Also they did not give us new employment contracts but informed us via a news letter that is sent to our homes with our wage slips. Has anyone got any legal basis on which I can fight them? I can then tell them when I leave and save a more lengthy battle. Thanks in advance.

spacey2012

Once you know the new job is in the bag, write and rebuff the "news letter"
The offer to pay for our own training is declined as is any offer perceived or otherwise to change or adopt any new contract of employment terms, I thank you for your kind offer but prefer to remain under the terms of the intial contract and therefore I must inform you of my reply to reject your offer.

Stressedatwork

Thanks Spacey that's useful. Is there a time limit to reject contract terms?

Sinhanada

Unless you have signed a new contract with terms and conditions then any changes are unenforceable.

I would ensure you have a copy of your contract and review it carefully with what it states with regards to training.

I would also suggest that for the changes they are trying to implement then there should be some time limit - again I would find it highly unlikely that they would be able to recover money for training given over 2 years ago.

Stressedatwork

Here is some useful advice I got from another site for those with the same issue:

It is unlawful because there is case law that defines the matter (quite a lot of it in fact). To be able to make a deduction for training there must be a written and signed agreement to that effect; it must reflect real costs incurred by the employer (which mandatory training will struggle to do - that is a business cost for the employer because it is something they must do); and the cost must diminish over a reasonable period of time - in other words the amount you pay back tails off over a period until you repay nothing if you stay in post long enough. The problem is that they may attempt to deduct from your final wages, which you cannot prevent them from doing, and then you would have to take them to court to get the money back. But that is an issue for the future. In the first instance you would have to write to them if they attempt to make such a deduction informing them that you have not agreed to the deduction and that it is therefore an unlawful deduction.

Undervalued

Sinhanada wrote: »

Unless you have signed a new contract with terms and conditions then any changes are unenforceable.

Only as far as training costs are concerned.

As others have said there is a specific legal requirement for a signed agreement before training costs are recoverable.

However any other terms and condition changes slipped in at the same time would generally be enforceable without the need for agreement. Generally the fact that you continue working without positively rejecting a change is sufficient.