Unauthorised deductions

Aaronjhall

Hello all,

I'm struggling to work out where I stand with regards to a forthcoming deduction I have been informed of. I am leaving my company next Friday having been booked onto a course. I believe my contract says that I'm not liable for the non-refundable deposit and I have had conflicting advice regarding this so I was wondering if anyone could help.

I was informed I had been booked onto the course on 24th January. I handed in my notice on 3rd February. My last day is 3rd March. The course was booked for 3rd April.

My contract states, verbatim:

(Name of company) is committed to the development of its colleagues and therefore will provide adequate training appropriate to a colleagues role. Should the colleague leave the company within 12 months from the date of the training, (name of company) will recover costs incurred as a result of the training from any final salary payment; as follows

0-6 month probation 100%
0-3 months 80%
3-6 months 60%
6-9 months 40%
9-12 months 20%

Now, in my possibly biased, possibly ignorant eyes, "should the colleague leave the company within 12 months from the date of the training" suggests that if I leave the company after April 3rd, I am liable for 100% of the fee but because I am leaving before the training takes place, I am not liable.

I have brought this up to my manager and his exact words were:

"I suggest you seek guidance and if you can demonstrate that you are correct then we will not deduct this amount. To reiterate, the contract states "from the date of the training", it does not state "the date the training is completed" The training was booked and you was advised. You have decided to leave the business so the cancellation is a choice of yours, not the business"

I don't know how I can demonstrate that I am correct without someone more knowledgeable than I, explaining it for me.

If you need any more information, please let me know.

Thanks for your time.

getmore4less

Were you notified in advance that they were booking you on a course that could incur deductions and did you agree?

Were you notified of the costs?

I bet if you asked if you left the Dec would you owe 20% or 40% it would be 40%. after 24th Jan 18 it would still be 20%

can't they send someone else to mitigate the loss?

You are making a case on a technicality of a badly worded contract.

how much are you going to be arguing over?

Aaronjhall

Thanks for replying. I was not notified before the course was booked that I was being booked on the course. There are no other employees they can send. They are planning to charge me £200. You're right, I am making a case on a technicality because of a badly worded contract.

jobbingmusician

Not so much of a technicality, I feel, if you weren't told before being booked on to it.

If you handed in your notice on 3rd Feb and the course is held on 3rd April, the company should (in my view) try to mitigate losses by cancelling the training. IIWY I would go on to the training provider's website and see what they say about cancellations. Your company should not (again, in my view) charge you more for the training than they would lose if they (had) cancelled it promptly.

ohreally

Aaronjhall wrote: »

I am making a case on a technicality because of a badly worded contract.

Contra Proferentum

http://uk.practicallaw.com/4-383-2653

Aaronjhall

ohreally wrote: »

Contra Proferentum

http://uk.practicallaw.com/4-383-2653

Do you know if this would apply in my case?

ohreally

You need to do some groundwork and read the contract wording especially if its ambiguous.

Aaronjhall

ohreally wrote: »

You need to do some groundwork and read the contract wording especially if its ambiguous.

I mean, it seems pretty ambiguous to me. Would you agree?

jobbingmusician

PS Another thought. If you decide that, worst case scenario, they are entitled to deduct 100%, don't forget that YOU are entitled to go on the training. After all, you have paid for it!

(But I still feel that you should investigate how much the cancellation fees would have been if they had cancelled promptly once they had your notice.)