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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have been sent on course, do I need to pay it back?

Customer Question

I am contractor i have been paid to be sent on course. When my contract offically ends at the end of the year do I need to pay it back or do I have to renew my contract? Below is what is stated in the contact. It is hereby agreed that: 1. The Company agrees to provide to the Contractor the training as outlined in Schedule A of this agreement at no cost to the Contractor providing: a) The Contractor does not leave the company of their own volition within 3 years of recieving the training. b) If the Contractor leaves the company within 3 years of recieving the training, the Contractor does not use the skills, knowledge or training provided for a minimum of 2 years from the date of leaving the Company.. 2. The Company acknowledges that if the services of the Contractor are no longer required, and the relationship between the Company and Contractor is terminated by the Company (except in case of breach of contract or misconduct – see paragrahph 3) that the Contractor is free to use the skills, knowledge and training provided under Schedule A. 3. Breach of Contract/Misconduct by the Contractor shall be treated as paragrah 1. 4. The full cost of the training, plus any hourly payments made during the training period, to the limit of £13,000 shall be come liable with any breach of this agreement, to be settled within 30 days of the breach.

Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is ***** ***** I am happy to help you today. Has the employer offered to renew your contract?

Customer:

No but because he invested a lot of money in me and I expect he will. The contract ends Decemeber 2014

Customer:

My question is if I leave do I need to pay them back at the end of the contract

Customer:

or can leave with no expense or do I have to renew to avoid paying for the course?

taratill :

In accordance with your contact if you 'leave the company of your own volition' you will be liable for the course fees. If you are offered a new contract and opt not to take it this would be classed as leaving of your own volition. Your employer can only ask you to pay back genuine course fees and cannot penalise you above the actual costs of the course. If you refuse to pay then they can take you to the county court in breach of contract. This kind of training costs clause is not unusual as employers have the right to protect themselves from losing money in this way.

taratill :

If you have any further questions please do ask If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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Customer: replied 3 years ago.


What if the contract they offer doesn't isn't as good as I was previous offered. Do I have to accept?

Expert:  taratill replied 3 years ago.
Hi I think this will depend on what is offered. I just want to point out they cannot sue you for the hours you worked for them during the training period. That is a complete try on. Their losses would be limited to the actual cost of the course itself.