I wonder if you can offer your thoughts on the following:
I am employed as a Microsoft NAV Consultant, and the company I currently work for has decided to move from their current ERP software (NAV) to SAP and as such all their internal NAV consultants have been sent on SAP courses. I was supposed to attend this training, inside one of our international offices, however I was instead asked to make a Business trip to one of our US sites at the time the training was due to take place on, so I was placed on an xternal, extensive 5 day residential course following my return from the Business Trip. Since receiving the training, I have accepted a Jon offer with another company as a Microsoft NAV Consultant- however my current company wants to withhold the training costs for the external, residential course.... This is what is written into my contract of employment with regards to deductions from final salary:
The Company recognises the attainment of professional and vocational qualifications is a key requirement for the development of its employees. As such the company is prepare to invest time and money to support employees in gaining qualifications relevant to their career.
You and your manager should identify and agree any appropriate training and if is is seemed relevant authorisation for such qualifications will be granted and full payment made to cover all costs.
However should you leave the Company at any time the Company reserves the right to claim back the costs of all professional and vocational training incurred on your behalf during the 12 months before your resignation.
All employees will repay all training costs on a sliding scale from 100% repayment if you resign 1 month after training to 0% if you resign 11 months after the training.
Such deductions will be made from your last salary payment and by signing your terms and conditions you will be deemed to have accepted such deductions as stated, although you will be advised at the earliest time possible by HR how much money you owe the Company.
As I signed my contract, I understand I am bound by its terms, however, as this training was a business requirement, and not agreed as such by me and my line manager, can they withhold the costs?
In addition, they want to withhold the fee for the external course, but I feel I should only need to pay for the cost of my place at the original course, where 9 fellow employees attended, as the business sent me on the business trip that forced me to miss the original and cheaper course, how do I stand on this point?
Lastly, I provided 13 weeks notice, as my contract notice period was 3 months. I was informed of the amount to be withheld after 10 of those weeks passed- do I have any ability to say insufficient notice has been given?
I have not signed any training specific contract and I have not been informed of how much the actual course cost as of today. My final salary will be paid to me in just over 1 weeks time from today.
Thanks for your time and sorry for the long post,
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