Repaying training costs & forced resignation

sandef

Hi everyone, 
My employer has decided to move our offices a 2-hour drive away from the current office (without traffic or any accidents to deal with), and they have told me that they will issue a new contract and if I am not prepared to sign it, they will force resignation, I will have to work a 4-week notice period and I will have to train my replacement. I'm not prepared to add 4+ hours onto my working day (they have made it clear that there is no compromise for this including working from home nor a salary review to reflect this change). It's a pretty awful working environment regardless of this, so my issue is not with leaving. 

The problem I have is that I am locked into an accountancy training contract that means that I have to repay any training costs should I leave within a year of completing the exams. Their wording on the upcoming process is vague at the minute and I am waiting for clarification, but I am wondering what the general rules would be on the repayment of training costs in these circumstances. 

I guess it would depend on whether they terminate the original contract or they force myself to resign, and whether not signing a new contract would constitute a termination of my previous contract on my part. I'm sure there are many other factors involved, but any insight would be appreciated. 

Thanks!

sharpe106

Generally if you leave then they can reclaim the training costs if you agreed to it. More difficult if they get rid of you. What did you sign about training costs?

What does your contract say about working location?

If you don't sign the new contract then your original contract stays in place. Then it is up to the company to decide what they do

https://www.acas.org.uk/changing-an-employment-contract/when-changes-are-not-agreed

Undervalued

It would really depend on whether an employment tribunal would find the change they are trying to impose to be reasonable or not. Under some circumstances very significant extra commutes have been held to be reasonable.

Normally in such circumstances, if the employer imposes a change you are not willing to accept, your only option is to resign and claim unfair dismissal . Note that it is not constructive UD under these circumstances, despite you resigning.

If you won such a case then they would almost certainly be unable to enforce repayment of the training contract. Launching such a case may force them to reach a settlement.

You need to take proper legal advice before deciding what to do. 

I assume you have been employed for more than two years?

steampowered

We would need to know what, exactly, your employment contract or other document you signed says about repayment of training costs.

Usually you would be liable to repay training costs if you resign, but not if you are dismissed. Do check what the clause actually says.

Refusing to sign a new contract would not constitute a resignation. The employment relationship would simply continue on the previous terms. The employer cannot force you to resign!

If you refuse to sign the new contract and your workplace then moves, and you don't turn up to work, it could be a bit ambiguous whether that is a dismissal or a resignation.  

Personally, I would be tempted to try and negotiate a deal under which you agree to resign and the employer agrees not to claim back the training costs. If an agreement is reached it should be confirmed in writing, if not a formal settlement agreement.

eamon

Have a read of this before you make any decisions and I think you will need some legal advice re the training fees. Are you in a union? Check your home insurance for legal cover.

https://www.gov.uk/employer-relocation-your-rights

Manxman_in_exile

I know I'm probably wrong, but if the OP refuses to move then surely it's either a redundancy or the employer sacks them?

As eamon says -  ask your union.  You aren't in one, are you...

sharpe106

Basically yes the job has gone and if the OP is unwilling to follow it the best option would be redundancy. Although yes the employer could sack them but they would probably have a fairly good case for unfair dismissal.  

Undervalued

sharpe106 said:

Basically yes the job has gone and if the OP is unwilling to follow it the best option would be redundancy. Although yes the employer could sack them but they would probably have a fairly good case for unfair dismissal.  

Only if the extra commute is considered to be unreasonable under all the circumstances. It could well be, but that is not certain and the OP would need to get some proper legal advice.

sharpe106

I did say a case and I think most people would think moving a job 2 hours away is unreasonable. 

Andy_L

Manxman_in_exile said:

I know I'm probably wrong, but if the OP refuses to move then surely it's either a redundancy or the employer sacks them?

Depends if they have a mobility obligation in their contract or not

Undervalued

sharpe106 said:

I did say a case and I think most people would think moving a job 2 hours away is unreasonable. 

I agree "most" people would. However that sort of commute has been held to be acceptable by ET's in certain circumstances.