Training clawback fees

kiyonebabe

I haven't physically signed anything but in order to gain funding for each module I had to submit a form which states that you are agreeing to a policy which includes the clawback. It doesn't provide a link to the policy but I managed to find it on the company's internal website.

I'm trying to be fair to the company whilst obviously looking out for my own interests so my main focus is on agreeing a discounted figure so that we both recognise the benefit each of us has received.

I know the law isn't that simple though so it's trying to find a way to put forward my case that would hold up under scrutiny.

Does anyone know why it's recommended that employers include a sliding scale in their policies? I'm guessing that it's in order to recognise the benefit received by the employer by having a qualified member of staff. In my case I don't need to be qualified to do the job so the benefit as I see it is in being better able to perform my role, hence my argument that some of this benefit has already been received.

bamgbost

However this goes OP, please keep us in the loop with the outcome!

alibean121

The clawback depends entirely on the agreement you've accepted when booking training. The fact that you've accepted it digitally rather than by physical signature is not relevant.

How "fair" the agreement seems to you or how much benefit they've had from you completing the training is also irrelevant.

I'm studying a qualification like this at the moment and just have one agreement that covers the entire qualification. My agreement holds me responsible for 100% of expenses from the past year. It's all down to whatever is in your agreement though!

A lot of people I know get around it through deliberate exam fails, what does your policy say about repayment if you're sacked rather than resign? I presume you're not staying in the field or you'd probably be aiming to complete the qualification so I don't think an exam fail or 2 would hurt you particularly.

asajj

kiyonebabe wrote: »

Does anyone know why it's recommended that employers include a sliding scale in their policies? I'm guessing that it's in order to recognise the benefit received by the employer by having a qualified member of staff.

Because they do pay for it to benefit from the qualified staff in long term not for them to go and find a better job.

You might not need to be qualified for your current role but the idea is generally that you will progress within the company after you gain it. So it would be again irrelevant.

Also if you are aware that by submitting a form, you are agreeing the policy, it looks to me you have "signed" it.

Undervalued

kiyonebabe wrote: »

I haven't physically signed anything but in order to gain funding for each module I had to submit a form which states that you are agreeing to a policy which includes the clawback. It doesn't provide a link to the policy but I managed to find it on the company's internal website.

I'm trying to be fair to the company whilst obviously looking out for my own interests so my main focus is on agreeing a discounted figure so that we both recognise the benefit each of us has received.

I know the law isn't that simple though so it's trying to find a way to put forward my case that would hold up under scrutiny.

Well you need to establish if, in the eyes of the law, that amounts to a signed agreement. In this day and age one would tend to expect it would however I do seem to recall an Employment Appeals Tribunal decision saying, in effect, that a signature was require. If I'm right then, as EAT decisions are binding on lower tribunals, that is the law unless or until it is overturned in a higher court or changed by parliament.

Here is another article. Particularly see para (b) about two thirds of the way down.

http://www.filorsolicitors.co.uk/staticfiles/newsletter/employment/October-2011-Recovering-Training-Costs.html

Your situation sound to me like a very close call.