NETWORKING

Personneltoday.com’s new networking forum HR Space is now live. Your existing registration details will allow you access to HR Space. All you need to do is Sign in, create a nickname and choose a role.

The threads and posts to the existing forum below will become read only. Please visit HR Space to add new posts, upload and attach documents, create your own blog and upload photos. If you have any questions regarding HR Space, please email hrspace@rbi.co.uk

Go back to Networking Home Page

Go back to Employment law

Start a new thread Search Forums

Paying back course fee's

Summary of postings

Paying back course fee's	Rebecca	29 Mar 08
Re: Paying back course fee's	Adrian Dobson	30 Mar 08
Re: Paying back course fee's	R	30 Mar 08
Re: Paying back course fee's	adrian doboson	30 Mar 08
Re: Paying back course fee's	Paul	1 Apr 08

Details of postings

Paying back course fee's	Rebecca	29/03/2008 15:28
Hi I wonder if someone can give me some advice! I left my previous employer a few weeks ago, I completed my cipd but had no real chance of climbing the ladder, I had signed an agreement to pay back the fee within 2 years of completion, they had the right to take money from my final wages. There was not enough to cover the amount from my wages therefore had to write a cheque for the rest. To cut a long story short! I had to cancel the cheque due to financial difficulties & requested to pay in installments, I have since had an abrupt letter giving me a set time to get the money to them or they would add interest to the amount. I know it is the right thing to do to pay back the fee but I am disappointed with their attitude & wondered whether legally they can persue this due to my final wages not being enough to cover it in the first place? Thanking you in advance!

+ Re: Paying back course fee's	Adrian Dobson	30/03/2008 13:49	adriandobson@ pds-hr com
Rebecca, Not great is it really, but if they have a clause in the contract and you have signed an additional agreement/letter, then they are within their rights to take it from your final salary. Having siad that though, most respectable employers would remind you of your obligation first and then discuss if the additional payment will be a problem and maybe enter into an installment agreement. The only problem with doing this after an employee has left if that there is no guarantee that they will continue to pay - has happened to me. Hence trying to get as much as they can in the final salary. I would write back and say that you are having difficulties, but will honor the agreement to pay the money, and state what you can afford to pay over a period to pay the debt off. They may refuse this and then press legal action in the County Court, but the fact that you have written to them and offered a payment plan will go in your favour at any proceedings. Or if you have gone to a new employer, maybe ask for a golden handshake - in the sense they give you money for joining and to buy you out of the agreement. As the qulaification benefits them also, but not had to pay for it. They may want to tie you in, but as you have just joined not really an issue. Think thats about the best advice I can give really. Adrian Dobson PDS-HR.com
++ Re: Paying back course fee's	R	30/03/2008 14:12
Thank you for your reply Adrian. There is nothing in the contract, only the agreement that if I left 2 years after completion then they can remove from my final salary, which they did. I have been given a month to get the rest to them or they will add interest whilst starting legal proceedings!!.... all a bit scary really. Just annoying as I know of others on much higher salaries who have left and owed much more but the company were advised not to pursue it legally. I am being picked on!!! Thanks again.
+++ Re: Paying back course fee's	adrian doboson	30/03/2008 14:51	adriandobson@ pds-hr com
Rebecca, I know its a worry. but would say try not to worry too much. The fact that nothing in contract may help. If it doesn't have a training relcaim clause, then it must have a clause saying that would be able to deduct money from salary. If not, and eventhough signed a letter, then may be able to claim a little unfair - long shot. If they do push then the fact that they have not pursued other will help - make a note of names and contact them if the need arises. This will show that its not custom and practice for company to go after the money, would help your case. In your letter you might want to hint at the fact you are being discriminated on the basis that you know others have not be asked to pay back etc. This might make them back. As regards interest - they cannot charge interest unless they have stipulated in the agreement that they will do this and at what rate it will be charged. I know this from invoices I submitt to companies for payment, and ask for interest for late payment. County Court is ok - can defend your self, dont really need to hire a solicitor. You receive a court order and be asked for your response prior to the hearing. Good luck. Adrian Dobson PDS-HR.com
++++ Re: Paying back course fee's	Paul	01/04/2008 16:33	paul brill@ chattertons com
Hi Rebecca I'm a solicitor and when I have 10 minutes pop onto these threads to see if I can give any answers that might help - we're not all concentrating on charging for the work we do! In your opening question you state that you signed an Agreement which, I guess, permits your former employer to recover course fees incurred over a period upto the end of your employment. This probably allows your former employer to make a deduction from your salary which otherwise would be unlawful. In any event, writing the cheque and then cancelling it makes it virtually impossible to argue over the liability. Normally a creditor can get Summary Judgment on a bounced cheque. The District Judge will not be able to take account of what you have to say in these circumstances. Interest will run from the date of issue of the claim and the court fee will be added as well. I don't know how much you owe but would advise raising the money at the cheapest rate you can (Mum, Dad, family?!) to clear it off. CCJ's can effect credit ratings also In light of this I hope you can get yourself out of this hole as soon as possible and that your qualification has improved your salary prospects.