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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I started a new job recently. I was told it was a permanent

Customer Question

Hi I started a new job recently. I was told it was a permanent contract. I started training with them which is very expensive (airline pilot training) no training bond or contract was signed. A week and a half later - I was told that I was being switched to an agency on a temporary contract. I was obviously very unhappy about this. In the meantime a permanent job with another company came up which I accepted. I quit the other job and now they are threatening legal action and trying to claim a months salary from me, as well as the training costs. Is there anything I can do?
Submitted: 8 months ago.
Category: Employment Law
Expert:  taratill replied 8 months ago.
Hello my name is ***** ***** I am happy to help you today. Were you ever given a contract in respect of the first job or asked to sign a training agreement which stated you must repay in the event you did not work for a certain period of time?
Customer: replied 8 months ago.
Hi I had a contract a week and a half into training from an independent agency which was from April 6 til 30th Nov 2016. I was told day 1 that I would be permanently employed directly by the company. I signed no training agreement.
Expert:  taratill replied 8 months ago.
Ok if you did not sign a training agreement or other agreement which stated that the training costs would be repayable then there is no way that the they can insist you repay any fee in respect of the training. There is also no legal basis upon which they can insist you should pay them a months salary. I would suggest you completely ignore them and say that they were in breach for failing to offer you a permanent contract in the first place. They cannot raise a claim of any sort against you in the circumstances you describe so it seems that they are just trying to bully you. I would be grateful if you would take the time to rate my answer, I will be happy to answer any specific further queries that you may have?
Customer: replied 8 months ago.
They are also trying to claim a months salary because I quit without notice on Sunday (because of the new job) the "Micky Mouse" agency contract said 14 days notice in the addendum, which I never saw until today.
Customer: replied 8 months ago.
I will give you a great rating Jenny. Silly question but are you a fully qualified solicitor?
Expert:  taratill replied 8 months ago.
They would have to prove that the real cost to them of you leaving 'in breach of contract' is a months pay which is extremely unlikely! This is because in a breach of contract claim they can only claim for actual loss. In reality they will not be able to prove this. Yes I am a fully qualified solicitor with the best part of 20 years experience!
Expert:  taratill replied 8 months ago.
Hi is there anything else you would like to know about this Jason?
Customer: replied 8 months ago.
Thank you Jenny, I will ignore them. I think that they will keep punching though!? They are threatening legal proceedings if I don't pay them in 14 days. Can I have your details so that I can contact you easily again if I need you, through the website?. How do I leave you a great rating? Thanks Jason
Expert:  taratill replied 8 months ago.
Hi Jason you can come in on this question next time you log in. You should see a button you can click to rate the answer, it may look like a smiley face? If you can't see it tell me an I'll let a moderator know?
Customer: replied 8 months ago.
They. Have paid around £2000 in simulator training and £1000 in other training courses, but I have done 19 days work which equals more than that? How does that sit? Again no training agreement was ever signed.
Expert:  taratill replied 8 months ago.
Yes they can't recover the costs unless you have signed an agreement to say that you agree to repay it if you leave.
Expert:  taratill replied 8 months ago.
Given that they misrepresented the contract to you in the first place I do not think that an argument that this is recoverable would work in any event. I would be grateful if you would please rate my answer. Happy to answer your follow on questions.
Customer: replied 8 months ago.
Just one last thing Jenny. Can I ask you to have a quick flick through this agency agreementit's only small?
Expert:  taratill replied 8 months ago.
I can offer that as an additional service as this is a question and answer site.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
Can I email it to you? I don't think I can add the doc from my iPhone?
Expert:  taratill replied 8 months ago.
just sent email address.

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