Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have they said that they are trying to rely on the original contract?
Thank you. Whilst the previous contract would have been valid and enforceable (at least to an extent that they could have used the clauses to try and pursue the training costs), it does indeed appear that the new contract has superseded the old one. There is of course nothing stopping them from trying to rely on the old one and to take further action, but you will have a pretty solid defence to that by relying on the new contract and pointing out that it specifically supersedes any previous contractual agreements between you and the employer. This is a matter of contract and the old contract has been replaced, which means that legally there is no formal option for them to ask you to repay the training costs they have incurred.
This is your basic legal position. I have more detailed advice for you in terms of the options the employer has to pursue the costs and your rights in turn, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. There are a couple of ways for the employer to try and recover these fees - by deducting them direct from the employee's wages or, if the employee has already left and paid up fully - by taking them to court.
Any deductions from the employee's wages can only lawfully take place if there was a clear written agreement by the employee allowing the employer to do this, such as a contractual clause or a separate agreement which they signed. In the absence of such an agreement the deduction will be unlawful and can be recovered.
If the matter goes to court, it would be for the employer to show that the repayment clause was reasonably drafted and that the costs they are trying to recover are reasonable in the circumstances.
If the contact did not contain a clause allowing them to deduct theses costs from your pay, then in order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Hi, as discussed in the main response the new contract should have superseded the original agreement and that should no longer be valid, therefore making the deductions unlawful
You are most welcome, all the best