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?
Ok did you get anything in writing from them to confirm that there would be no work for the foreseeable future?
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.
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.
The employer is not entitled to profit from an agreement such as this so can only reclaim the actual training costs and nothing more.
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