Seeking advice on training fees

Scotty87

Afternoon,

I'm currently looking for some advice on training fees my job is looking to claim. I joined them in September 2015 and was told I would have to pay £1500 in training cost if I leave within 2 years. I remember the A4 price if paper that had an original price of £3400 crossed out.

I have just handed in my notice and have been told I need to pay the full amount. Another person that was on my course left in January of this year and was told £1400 to repair which they deducted from wages they got.

The training that was given is not a qualification that I can transfer and when I leave it will not come with me. On these grounds the other guy that left got a refund.

So my question is can they claim this back? It in no way benefits me when I leave and I couldn't do the job without the training they provided. Also I was never informed until the first day we would have to pay this back!

Thanks

steampowered

Does your employment contract say anything about repaying training fees if you leave?

Did you sign a piece of paper agreeing to pay back the fees if you left?

If the answer to both questions is no, then they can't legally claim this from you. If the answer to either question is yes, they may be able to.

Scotty87

We have recently had a contract change of hours and it says nothing about training fees, From talking to the guy that left he managed to get the wages they took becuase it is not a quilification and does not give us a skill that we can use outside of that work place. Just wondering if this is correct before i try and argue the toss

steampowered

The employer cannot make a deduction from your wages when you leave to pay for training unless (1) your employment contract says they may do this, or (2) you signed a written document saying that the employer may do this.

If neither (1) or (2) apply, then they can't make the deduction. Whether the skill is any of use outside that workplace isn't really relevant.

So it sounds to me like you should be arguing with them. Just remember that they don't have to give you a reference so keep it civil.

The Employment Rights Act 1996 reads as follows:

13 Right not to suffer unauthorised deductions.
(1)An employer shall not make a deduction from wages of a worker employed by him unless—
(a)the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or
(b)the worker has previously signified in writing his agreement or consent to the making of the deduction.

TBagpuss

To be enforceable there needs to be a signed agreement, and ideally, the costs need to be a genuine estimate of their loss. For that reason, as the employer will have had some benefit from the training the longer you stay, it's common for such clauses to be on a sliding scale, so that the amount you have to refund reduces over time.

It would be reasonable to ask your employer to provide a copy of the agreement, so you can double check the exact terms.

If the training was essential to allow you to do your job then it may be possible to argue that it is not appropriate to seek to reclaim it, but I'd suggest you get some proper advice first.

Do you know the other person who left? If so, you could ask them what argument they put forward and use the same one!

Scotty87

Thank you for the replies, Yeah i have been in contact with the other guy and he got most of the money back due to the training not giving any skill and that is not transfereable between company's.

I have got this months pay but it means that next month i will work for them for free and get no pay. That i just cant do i have a family and bills to pay for.

I was "Obliged" to give them 4 weeks so am i in my rights to not give that amount of time? I just cant see how they can justify taking a months wages and leaving someone with nothing!?