Training agreement help needed.

GEERUPP

Hi

I am looking for some advice. I signed a training agreement to fund a course for £2500. I have worked for the organisation for 18months delivering what I trained in. Also have worked for them 17 years in another job role.

In the training agreement which I signed it states the following " I hereby undertake and agree that if I do at anytime during the period of course detailed in part 1 of this agreement and the period of the said course and the period of two years from which the date of the qualifcation is obtained terminate my employment with ************. I will on demand reimburse the **********.

I have recently handed in my notice for the part time position but requested If I could still be kept on as a casual employee as I could support cover as and when needed. I have then had an offer letter and accepted a casual employee position with the same company. The casual posotion was offered before my leave date on the contracted part time job. Therefore no break in employment I presume?

They are requesting I pay back the training in full and have sent an invoice for the full amount. However I have challenged that the agreement states "terminate my employment with the company NOT contract therefore as I am still an employee although a casual am I right to argue that I do not need to pay back the training as I am still an employee as the agreement states .

Any advice would be appreciated or how I take this further.

Thanks

Undervalued

GEERUPP wrote: »

Hi

I am looking for some advice. I signed a training agreement to fund a course for £2500. I have worked for the organisation for 18months delivering what I trained in. Also have worked for them 17 years in another job role.

In the training agreement which I signed it states the following " I hereby undertake and agree that if I do at anytime during the period of course detailed in part 1 of this agreement and the period of the said course and the period of two years from which the date of the qualifcation is obtained terminate my employment with ************. I will on demand reimburse the **********.

I have recently handed in my notice for the part time position but requested If I could still be kept on as a casual employee as I could support cover as and when needed. I have then had an offer letter and accepted a casual employee position with the same company. The casual posotion was offered before my leave date on the contracted part time job. Therefore no break in employment I presume?

They are requesting I pay back the training in full and have sent an invoice for the full amount. However I have challenged that the agreement states "terminate my employment with the company NOT contract therefore as I am still an employee although a casual am I right to argue that I do not need to pay back the training as I am still an employee as the agreement states .

Any advice would be appreciated or how I take this further.

Thanks

You may have a valid argument, depending on the exact wording. However with less than two years service (unless the previous 17 years were continuous with no more than a one week break??) they could simply terminate all employment with the company.

Also any reclaim of training fees, regardless of the wording of the agreement, must be reasonable and proportionate. So there may still be a valid argument that you should not pay the full amount.

The problem with most such situations is that the employer can deduct the money from your final pay, right down to zero, leaving you to take action to recover and excess.

[Deleted User]

It might of been best to ask this before resigning so you had the correct information to move forward.

gettingtheresometime

Actually I think you've tried to pull a fast one by doing this, knowing full well that by resigning 18 months after the training course ended but offering to act in a casual capacity you would put up this argument.


What would happen if they wanted you to provide cover but you didn't?


I wouldn't be surprised if they decided they no longer required your services.

Undervalued

gettingtheresometime wrote: »

Actually I think you've tried to pull a fast one by doing this, knowing full well that by resigning 18 months after the training course ended but offering to act in a casual capacity you would put up this argument.

Maybe or maybe not. However, either way the motive doesn't affect the OP's rights in the situation.

GEERUPP

Hi

Thanks for your reply. I have worked for the organisation for 18.5 years continuous service but two different jobs.
I have had to give up the part time job due to personal circumstances which I have explained to them fully.

I thought they may request 25% back as per the sliding scale for 18 - 24 months as I have done the job for 18months. However my qualification wasn't completed until last year hence why they have sent invoice for full amount.

My query is the wording in the agreement states employment and not contract and that is why I am disputing the costs being paid back . I couldn't claim mileage and subsidence to attend the course i was told this and I have this written even though the training agreement states you can. I have financially supported the travel cost over the year as well as the time myself.

It was never my intention to stop working for the company but circumstances regarding health have changed and I have had too.

[Deleted User]

All you can do is seek legal advice and see where you go from there.

It’s up to you to decide if you want to pay or go on and challenge this, if you do decide to challenge this that doesn’t mean you will automatically win and if you don’t you will still be in the same situation of needing to pay.

Of course if you don’t pay the employer could also pursue you through the courts too.

If you wish to challenge the wording I’d recommend a solicitor with a free consultation as many offer these or some help to access a solicitor through CAB.

Savvy_Sue

MarkN88 wrote: »

If you wish to challenge the wording I’d recommend a solicitor with a free consultation as many offer these or some help to access a solicitor through CAB.

Or your union, if you're in one ...

jonnygee2

I have then had an offer letter and accepted a casual employee position with the same company. The casual posotion was offered before my leave date on the contracted part time job. Therefore no break in employment I presume?

I suspect the argument they might use is that you are no longer an employee. Without fixed hours you are a worker, not an employee.

I have no idea whether that argument would have legs in a court. I think you'd need a solicitor for that.