Training offered as part of the job offer but not in contract!

PenguinKratos

Good day all.

I have been in my current job for almost 12 months now. When I was initially offered the job I was also offered to have my AAT Accounts qualifications paid for, by the company. This is in writing via email. However this isn't mentioned in my employment contract. (Probably something I should have brought up before signing, but I like to believe people will be true to their word. Silly me!). I have brought this up on a couple of occasions with the MD and all I get is 'I'll get back to you'. Or words to that affect. What options do I now have? Is this binding, or as it's not part of the contract it's not something I'm entitled to?

Undervalued

Well is probably is binding but remember, with less than two years service, you can be dismissed for any reason or no reason at all so I would think very carefully before pushing the issue too far.

Masomnia

Move......

xapprenticex

Just self study and fund it yourself if you really want it. you'll get your qual and have a job, you can push it and get sacked too though or wait a year and get managed out of the company.

Basically dont be forceful

PenguinKratos

If / when I get a new job could I claim back what I've spent on self study?
If it is binding, which IMO it is as it's clearly in writing? I take the stance that surely it's the same as being contracted to earn £20k P/A to then only be paid £15k P/A! I accepted a lower wage than I was expecting on the basis of the course being paid for, as I saw that as part of my wage packet. Which is roughly an extra £2k per year. I know suing would be a d!ck move, but would I have reasonable grounds?

leslieknope

PenguinKratos wrote: »

If / when I get a new job could I claim back what I've spent on self study?
If it is binding, which IMO it is as it's clearly in writing? I take the stance that surely it's the same as being contracted to earn £20k P/A to then only be paid £15k P/A! I accepted a lower wage than I was expecting on the basis of the course being paid for, as I saw that as part of my wage packet. Which is roughly an extra £2k per year. I know suing would be a d!ck move, but would I have reasonable grounds?

whether it's binding is a separate issue but why would you be able to claim back what you spend? unless you NEED that qualification to do your job and they have said it is mandatory as per contract, i doubt you have much grounds to claim back any expenses for pursuing it yourself.

you should have queried this when you first got your contract, tbh. i don't think you would be able to sue them for this.

gettingtheresometime

It's not like having a salary of £20k in your contract quoted & then being paid £15k.......the salary of £20k is a term in your contract.

The training isn't in yours.

One way of looking at it, if you pay for it yourself then you won't owe them anything when you move after passing the exam

xapprenticex

Plus if you are able to speak to the MD then id assume it was a very small company you are working for so maybe they just dont have the money.

IAmWales

How exactly was the training offered to you, was a timeframe stated? If not, then even if it is deemed to be a term of your contract, then there's nothing to sue for until you get an outright no. It may be that the MD is waiting until threy have an idea of what funds they have available this year, and that's a reasonable (and responsible) stance for the company to take. In the meantime, you could research the most cost effective way for you to study, so when the time is right you can present this to the MD, along with a business case for how it would benefit the company.

TBagpuss

I agree with IAmWales. Do your research, then go to your boss with a concrete proposal.

Saying something like

"When I was offered the job, it was agreed that company would cover the costs of my training to obtain [qualification]. I've now found details of a suitable course which I will be able to complete in my own time, he course will take [length of time] and the fees are £xx payable [when and how much]
Can you authorise me to book this? If it is n't possible to start now, can you let me know when it will be possible, as my understanding when I accpted the job was that this was something which would be in place as soon as I had settled in"

If the course has more than one potential start date then make that clear and ask which they would prefer that you sign up for.

If you will be asking for time off work to attend tutorials then make this clear, and be clear about whether you are asking them to treat this as paid study leave, or unpaid study leave, or simply as part of your normal holiday entitlement but guaranteed for those particular dates.

I think it is unlikely that you would have grounds to sue them. Even if it were found that the agreement was part of your contract then you would have to show that you had actually lost out as a result.I suspect that you would have to show that you accepted a job at a lower wage because of the training opportunity - did you have / turn down other, higher paying options? Can you show that you are being paid significantly below market rate for the job you are doings? (if so, you can of course mitigate your loss by changing jobs!)