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Training cost deduction after resigning

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Comments

  • Undervalued
    Undervalued Posts: 9,881 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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.

    Well firstly because the employer is at fault by not complying with the legal requirements for making training costs recoverable. Also, even if they had complied and obtained a proper signed agreement, the amount recovered still has to be reasonable and proportionate. It is fairly unlikely that would be the case after five years.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Well firstly because the employer is at fault by not complying with the legal requirements for making training costs recoverable. Also, even if they had complied and obtained a proper signed agreement, the amount recovered still has to be reasonable and proportionate. It is fairly unlikely that would be the case after five years.
    To be fair, although the employer is in the wrong here, it isn't over five years ago. The OP has worked there five years. But they haven't even taken their first exam yet, so the training isn't completed. If that were the case, and the contract in place, then they would have to repay the full amount. Just in case anyone else is thinking that, on reading this, they don't have to repay a course if they have worked for the employer a long time!

    The training agreement should set out the terms of repayment and the point at which there is no further claim on the costs, so the principle of what Undervalued had said is correct - there is a limit as to how long the employer can continue to have a claim on training costs. I think they simply misread the service as the time the training took place.
  • Uktzy
    Uktzy Posts: 4 Newbie
    Yes this is my argument that no training contract is in place therefore they have no leg to stand on. Pointing to a minor clause which is not specific is not applicable in this case as they are not outstanding training fees.
  • Undervalued
    Undervalued Posts: 9,881 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Uktzy wrote: »
    Yes this is my argument that no training contract is in place therefore they have no leg to stand on. Pointing to a minor clause which is not specific is not applicable in this case as they are not outstanding training fees.

    Yes, based on what you have posted here they have no lawful right to deduct the training costs from your final pay.

    However that doesn't mean they won't so prepare for battle!
  • Rachylou1981
    Rachylou1981 Posts: 714 Forumite
    Ninth Anniversary 500 Posts Name Dropper Combo Breaker
    I've just posted a similar thread but my partner did sign a contract.


    By reading this thread I think we are going to very poor very soon. Urgh!
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