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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am leaving my current place of work and they have asked me

Resolved Question:

I am leaving my current place of work and they have asked me to repay my exam and course fees for the past year, however I have never signed or even been given a contract since I have worked there (I have worked there one year). I don't believe I have to pay back any amounts as I have not signed or even been given a contract. I was just wondering where I stood?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you asked your manager or HR department about this.

JACUSTOMER-vl89ox6o- :

It is a very small firm, and I had a meeting with 2 of the partners today. I think they are in the mind set that I haven't got to pay anything back. However they are calculating how much I owe. I just wouldn't wont them to turn round in a weeks time and tell them that I have got to repay the amount.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

JACUSTOMER-vl89ox6o- :

Excellent, thank you very much. If you need anymore information, please let me know

Ben Jones :

Many thanks for your patience. Employers can spend a considerable amount of money on training their employees, only to see them leave shortly afterwards. In order to ensure that the employer can provide an employee with training and that the employee does not take advantage of the situation by leaving soon afterwards, it is common practice to have a repayment provision in the contract of employment. Under it the training costs are deemed to constitute a loan to the employee, which becomes repayable if they leave their employment within a certain period after the training completes.

However, in your case there is nothing in writing which states you have ever agreed to pay these fees back so legally the employer cannot deduct these from any wages they owe you.

The other alternative for them would be to sue you separately once you leave their employment. However, they would need to show that there was some sort of agreement in place which entitled them to pursue these fees after you left. In the absence of anything in writing that could be difficult to prove, although if they have evidence that such an agreement was reached verbally, it could also be binding. However, it would then be their word against yours and the court will not just make a decision based on loose facts, so again your position would be reasonably strong.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi there Ben,

Customer:

this sound perfect to me, thank you for your help it seems to be I am in a good position.

Ben Jones :

you are welcome, all the best

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