Repayment of training fees

Hi all I'm looking at potentially moving on from my present company due to many issues, however I'm currently in an on going training situation which has a claw back policy attached which on paper means I need to repay 100% of the value (approx £3k) on the scale. While I except that I owe an amount to the company I know that up to this point they have not paid in full the £3k value for my course to the external company (only around approx 75%) and to be honest looking at the costings I doubt it would reach the full amount signed for anyway. Therefore I would like to negotiate with them and would like some advice based on the following; - The policy I signed up to has no prevailing common law named, would this mean it has no base in law? - I signed the agreement however the company has not - I believe I can argue that it was signed under duress, as we were given the policy to sign with less than 24hrs to go before the start of the course with a verbal statement of "if you don't sign it you will never go on it" - In no part of the policy does it say they can take monies from my wages, however neither does it mention a repayment scheme Just to reiterate I fully except they have invested in my education, but based on many things I believe they have forced me down this road and I fully expect a battle on my hands with this being used heavily by them. Therefore any angle I can use to reduce this would be a great help. Thank you in advance Ryan

• Filed under: Training Policy claw-back
• | Post Points: 70

Ryan

Your post is a little jumbled so forgive me if I have missed anything important

If you have signed to say that you will repay training fees if you depart the company within a certain time then yes they can take the money from anything they owe you. I presume this is what you mean by the repayment scheme.

I would not try to be clever on the 'common law' issue - simply ask for a conversation about how much is owed (if you dont believe it is the full amount) and how it will be repaid.

I also dont think that being asked to sign the agreement before you started the course (even if it was at very short notice) can be called duress.

My advice - have a sensible conversation with your employer sooner rather than later and come to an amicable agreement.

JustMe

• | Post Points: 5