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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am a self employed wind turbine technician working through

Resolved Question:

I am a self employed wind turbine technician working through one contracting company. I have a training agreement contract with them, stating if I leave the company within a certain period I must pay back a percentage of the training costs and the money I was paid as a wage whilst on the training. According to the contract, I am exempt from paying any monies back if I leave them through no fault of my own eg, redundancy.
I was told last week that there was no work and nothing planned in the coming weeks. I have been offered a job with a new company in this time. When informing the contacting company that I have been offered a position I asked if their work situation had changed, they said no. I have told them that I will take up the offer of the new job.
They are now asking for the training fee's back, even though they said there was no work. Where do I stand? They are now stating that there is work.
Thanks in advance
***** *****
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. What is the exact wording that states it is not payable if you leave through no fault of your own?

Customer: Quote " you will not be required to repay any amount if your employment is terminated through no fault of your own (for example, through redundancy).
taratill :

Ok did you get anything in writing from them to confirm that there would be no work for the foreseeable future?

Customer: It was all done verbally, my mistake. I have sent an email stating these facts but have had no reply.
taratill :

Ok thanks, ***** ***** a risk that they would be able to bring a breach of contract claim against you if you fail to repay the fees. The main difficulty you have is that your contract has not been terminated and you have no written evidence of the fact that you were told there was no work for the foreseeable future.

taratill :

You will be able to give oral evidence that this is what you were told, backed up by your chain of emails but the judge may find in the employer's favour given that there was no termination of contract.

taratill :

The employer is not entitled to profit from an agreement such as this so can only reclaim the actual training costs and nothing more.

taratill :

If you have any further questions please 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.

Customer: Ok that helps. Thanks for your time and input on this.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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