Training cost deduction after resigning

Uktzy

Hi All

Just after a bit of advice. My employer has stated they are going to make a deduction at the end of my notice period for training fees they have paid for. Normally this would make sense on the basis a training contract had been signed (standard practice!). However i have never signed one. They are pointing to a clause in my employment contract which is a standard deduction clause for overtaken holiday etc. The exact wording they are using is "outstanding training fees."

I have read up a little about it and it seems to me that its not specific enough to be applied. They used the words "loan" and "expenses" when i spoke to my manager. However again it seems they are just trying to bully me.

Any advice would be appreciated! :A

Savvy_Sue

How long have you been there? How much did the training cost? When did you complete it? How much are they trying to recover?

And, perhaps most importantly, are you ever going to need a reference from this employer?

You see, I think you're right, that without a specific training agreement signed by you they can't recover the fees, but if they deduct it, you're going to have to claim it. So depending on the amount involved, and whether you need a reference, how hard do you want to fight?

Next question: is the training relevant to your next employer? I know one person who succeeding in getting training costs reclaimed by his past employer paid by his next one, on the quite reasonable grounds that the new employer was going to benefit from training paid for by the previous employer.

Uktzy

Thanks for replying!

I have been there for over 5 years. It will be about £1400. I havn't taken the 1st exam yet so argubly i havn't even started.

They only confirm the bare minimum for references so not a big deal.

There is a possibility of getting this back from my new employer but its not confirmed yet so just wanted to have others opinions before possibly fighting this.

Undervalued

Savvy_Sue wrote: »

How long have you been there? How much did the training cost? When did you complete it? How much are they trying to recover?

And, perhaps most importantly, are you ever going to need a reference from this employer?

You see, I think you're right, that without a specific training agreement signed by you they can't recover the fees, but if they deduct it, you're going to have to claim it. So depending on the amount involved, and whether you need a reference, how hard do you want to fight?

Next question: is the training relevant to your next employer? I know one person who succeeding in getting training costs reclaimed by his past employer paid by his next one, on the quite reasonable grounds that the new employer was going to benefit from training paid for by the previous employer.

I agree. Based on what the OP has posted here it is unlikely to be enforceable. However, as you say, the problem will be if they just deduct anyway and the OP will have to decide whether to pursue it through the courts.

poppellerant

I think I'd wait until they give you references and you get your new job. Then go through the courts to claim it back.

Savvy_Sue

Uktzy wrote: »

I have been there for over 5 years. It will be about £1400. I havn't taken the 1st exam yet so argubly i havn't even started.

So what's the timescale? When did your studies start? Is it a formal course that you've been registered on? Or just exams you have to study for in your own time?

What I'm angling towards is whether the charge is reasonable to start with: if you've not long been registered (even part-time) on a formal course then that sum could be a year's tuition, and the employer isn't going to be able to get that back. On the other hand, if you were registered for this training five years ago, and the employer has benefited from some of it already even without you having taken any exams, pointing this out might help.

Uktzy

It's a formal course AAT but im doing it through self-study so they have gained no benefit.

Also what might be key is that the purchase order raised for it was all signed off and i didnt do it so they cant even use the "i did it of my own accord"

GarthThomas

Why would you not expect to pay for training that your company paid for for you?

You do understand, don't you, that they can just re-write to your new employer explaining the facts after your court summons arrives, and I'd expect them to do so.

TELLIT01

GarthThomas wrote: »

Why would you not expect to pay for training that your company paid for for you?

Because it can legitimately be argued that training is part of the employment package. I received training from every employer I ever had, but there was never a demand for repayment when I moved on. If there is a specific statement in the contract of employment about recouping costs it's different, but from what the OP says that is not the situation here.

sangie595

GarthThomas wrote: »

Why would you not expect to pay for training that your company paid for for you?

You do understand, don't you, that they can just re-write to your new employer explaining the facts after your court summons arrives, and I'd expect them to do so.

Assuming the OP is correct in that they have not signed a training agreement, then there won't be a court summons because they wouldn't win. And writing to the new employer saying that they didn't repay a debt they never had would be actionable in law. They employer screwed up. They'll know better next time.

ERICS_MUM

If OP did not sign a 'formal' agreement, the training could be considered as normal 'on the job' training. For example my employer sent me on various courses that helped me in my role - things like presentation skills, project planning etc. Although these things helped me in my next job I was not expected to pay for them.