Change of Terms and Conditions of Employment

mike18clark

Hi all,

New here, so please accept my apologies if this is in the wrong section!

I am in a bit of a sticky situation at my work.

I started working at this company in Feb 2016, and received a contract within the first month of being there. All good so far!

In Sept 2016, I enrolled on a HND course at a college near by, to which my employer stated they would fund. However, this is where things begin to confuse me....

On the 28th Sept, a couple of weeks after starting the course, I received a headed letter, from the Finance Director, with the heading of "Change of Terms and Conditions of Employment"

In a nutshell, it states that the company has paid for my HND year 2 course, at a fee of £2,650.
It continues to read that if I leave the company "during this year, or within 2 years of completion" that they will expect me to pay back a pro rata % of this fee. They also state "we will also ask you to work additional hours per week to offset your day release".

So, I have been doing the additional hours each week. However, there was no option for me to sign to agree to these changes of my "Terms and Conditions of Employment"....

Am I right in thinking, that this is a change of my contract, and that I would need to sign to accept these? As my contract of employment "pack" hasn't changed. Just this letter.

I have been talking to my manager surrounding my career path here, and have been told that there isn't one, I am where I am, and to give him plenty of notice before I leave. I get on with my manager very well, so I will give him my months notice letter when I'm offered another job.

To sum up;

Does the "headed letter" stand, and are they legally allowed to provide a letter of a change in terms and conditions of employment, without my signed agreement.

Because I have not signed, does this mean that I will not have to pay back the course fees?

Sorry for the essay, and I look forward to your replies!

Thanks

jobbingmusician

They are not allowed to unilaterally change your T & C of employment.

However, whatyergonnado? If you don't accept them, your only option is to leave. Or they can get rid of you on any grounds, in your first 2 years of employment.

If it's any consolation, repaying course fees if you leave within x time is pretty standard, nowadays. I think requiring you to make up your training time as well is a sodding cheek!

In your position I would point out to them that if you are working extra hours each week, unpaid, to do this course (which is effectively the position if you are making up the time) they are already getting extra value out of you. Therefore, although you are willing to repay SOME of the course fees, you do not feel that you should have to repay these in full if you leave within... (and the repayment schedule should in any case be on a sliding scale - less if you leave after 18 months than if you leave after 6, IYSWIM).

Savvy_Sue

Actually, my understanding is that a training agreement of this kind (where the employer pays the fees and will recoup them if you leave within a fixed period of time) is only binding if it is signed by the employee BEFORE the course starts.

However, this is something I would check, and if I'm right, I wouldn't necessarily point this out at this stage. :-)

Because if you come across as an awkward so-and-so this early in your time there, you have no security of employment.

And I would also recommend joining a union, because you may need their help if push comes to shove.

Have they asked you to sign the letter at this stage? If they have, then my advice might change slightly ...


As for making up the hours - how many hours is it? If you day release is a half day, maybe not so bad. A full day - seriously?

FBaby

Isn't there a legal argument that by continuing with the course and agreeing to the extra hours (I assumed from your OP that these were paid?), therefore actually changing your conditions of employment, you actually agreed to the terms even if not signing any paper?

getmore4less

Unless you protest most T&C changes don't need signature.

Deductions do require written agreement.

Always negotiate repayment of fees so they are only repayable if you terminate the contract, not if the employer does.