Payback course fees

charlie_2015

Oakdene wrote: »

Its a normal occurrence...

When I did my chartered accountancy training my employer got me to sign a form stating if I leave within a certain period upon completion I agree to pay back:
100% of fees in less than 12 months
80% of fees if 1 - 2 years
50% of fees for 2-3 years
20% of fees for 3-4 years

They are just protecting thier investment as you could qualify & move to a rival company.

Yes I understand, but I assume this was discussed with you before you started the course?

Undervalued

charlie_2015 wrote: »

I still don't think I have helped you understand my point


There was no contract in place for me to pay back the course fees before they found out I was pregnant.


I almost feel they are asking me to sign this as they are questioning whether I will finish the course after having a child. I don't think they would have asked me if I didn't inform them I was pregnant.

For course fees to be reclaimable there must be a specific agreement in place prior to undertaking the training. It cannot be done retrospectively. Even then the amount reclaimed must be reasonable and proportionate.

However, with less than two years service they could just terminate your employment. The pregnancy aspect provides some protection but only if you could show that you were being discriminated against for that reason alone.

One practical problem with disputes such as this, the employer can simply deduct the money leaving you to sue to get it back (assuming it is unlawful)!

Guest101

charlie_2015 wrote: »

I still don't think I have helped you understand my point


There was no contract in place for me to pay back the course fees before they found out I was pregnant.


I almost feel they are asking me to sign this as they are questioning whether I will finish the course after having a child. I don't think they would have asked me if I didn't inform them I was pregnant.

I apologise I don't think you've understood what I'm saying.


Under 2 years service, you are pretty much forced to sign it. If you don't they'll simply dismiss you.


The company can simply say this is an update to policy, totally unrelated to your pregnancy (and whilst we can all assume it is related, it's not going to be very easy to prove. Unless perhaps you are the only person subject to the new terms and other non pregnant employees are under the same terms)


I agree they are trying to cover their backs, but such terms are very common and it's only fair that if you do choose to resign having gained a qualification, they are recompensed

charlie_2015

Guest101 wrote: »

I apologise I don't think you've understood what I'm saying.


Under 2 years service, you are pretty much forced to sign it. If you don't they'll simply dismiss you.


The company can simply say this is an update to policy, totally unrelated to your pregnancy (and whilst we can all assume it is related, it's not going to be very easy to prove. Unless perhaps you are the only person subject to the new terms and other non pregnant employees are under the same terms)


I agree they are trying to cover their backs, but such terms are very common and it's only fair that if you do choose to resign having gained a qualification, they are recompensed

OK that makes sense. It is quite a small company, I think I am the only person to have been in this position at the company.


Would you say the best course of action is to sign the contract to avoid any animosity and potentially being dismissed?

Guest101

charlie_2015 wrote: »

OK that makes sense. It is quite a small company, I think I am the only person to have been in this position at the company.


Would you say the best course of action is to sign the contract to avoid any animosity and potentially being dismissed?

Assuming you plan on returning, finishing the course and continuing employment, yes. (but also have a clear set of cut off dates for when the fees are recoverable (e.g. 100% year 1, 75% year 2 etc)


However if you don't plan on returning then no. You risk dismissal, but obviously employers are weary to dismiss pregnant members of staff as even an unsuccessful tribunal claim can cost a lot of money to defend.

stator

Quite a lot of people who take maternity leave say they are going to return and then at the end of maternity hand in their notice so I can understand why they would want to.

But if you've already started the course I think it's quite unreasonable of them to expect you to sign it retrospectively.

Personally I would probably refuse to sign it for any course fees already incurred but agree for any future fees, but there would have to be a sensible time limit to the clause.