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Contract requires me to pay back cost of training if I leave the companyBusiness Community Home > Business Law Forum |
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| Original Message Added : 21 Aug 2012 My employer are looking at moving in a new direction with the technology they use, so need people to be trained in this new skill set. They have asked me if i would like to go on a course for a week to get trained up. I said i would go but i wouldn't be prepared to sign a 12/18months training contract that says if i leave i will have to pay them back. (you know the one) I guess I don't want to be handcuffed to the company knowing if i leave i would have to pay back the cost of the training. At the moment they haven't mentioned it but i know that they don't like people putting their noses out. So i await them to force me to go. Can they force someone to go on a course and at the same time force me to sign a contract for it? Seems a little unfair. |
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| Reply : 22 Aug 2012 - (Edited : 22 Aug 2012) i can see both sides here i suppose if you refuse to retrain and your current role is made redundant then they would be entitled to make you redundant too and employ someone who can use the new Technology i know that seems very harsh to you but we are in very difficult times at the bottom of a very deep recession jobs are very hard to come by i am sure your company has already considered the cost of there 2 options retrain you or make you redundant and employ someone who can do the job with the new skills Harsh reality i'm afraid, i am sure it will be difficult to complete the course, but think on the positive a new skill learned ! so if i were you i would see your boss and ask for a decent pay rise after all new skills more money please as for the pay back contract its not that unusual these days is it ?.............and yes a little unfair but i guess you have to consider the options a small unfair dismissal payment or a job ! |
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| Reply : 22 Aug 2012 However, your employer cannot force you to repay these costs unless you agree to it in advance. If they do this will be an unlawful deduction of wages. You could simply refuse to sign a repayment agreemment. If they dismiss you for this you may have a claim for unfair dismissal for breach of contract and unlawful deduction of wages. In reality at this stage you should discuss the issues with your employer explaining that it is the company rather than you driving the requirement for retraining and that you are very happy to put in the time and effort to do the training but that you consider it unfair that you would have to repay the cost of the training if you leave. There is an arguement that having to repay trainging costs are a restraint of trade as the obligation to repay training costs may have the effect of discouraging an employee to leave. Many of these types of agreement are done on a sliding scale, for example, if you leave within 3 months of the training you have to repay the full amount and if you leave after 6 months you pay back 50%. If your employer is adamant that you sign an agreement, you should at least negotiate with them a shorter period of time in which you have to pay back any money to give you more flexibility. I hope this helps.
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| Reply : 29 Aug 2012 |
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