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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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This section in my future contract states that I will have

Customer Question

Hi,This section in my future contract states that I will have to repay training costs.
I'm struggling to understand the full meaning of such requirements.
- Does it mean that I will have to pay for induction training?
- Since there is fixed sum of payment, how will the amount I'll might beasked to pay by the company?15. REPAYMENT OF TRAINING COSTS
15.1 From time to time the Company may pay for you to attend training courses. In consideration of this, you agree that if your employment terminates after the Company has incurred liability for the cost of you doing so you will be liable to repay some or all of the fees, expenses and other costs (the Costs) associated with such training courses.
15.2 Save in the circumstances set out below, you shall repay the Company as follows:
(a) if you cease employment before you attend the training course but the Company has already incurred liability for the Costs, 100% of the Costs or such proportion of the Costs that the Company cannot recover from the course provider shall be repaid;
(b) if you cease employment during the training course or within 12 months of completing the training course, 100% of the Costs shall be repaid;
(c) if you cease employment more than 12 months but no more than 24 months after completion of the training course, 50% of the Costs shall be repaid;
(d) if you cease employment more than 24 months but no more than 36 months after completion of the training course, 25% of the Costs shall be repaid.
Thereafter, no repayment shall be required.
15.3 You shall not be required to repay any of the Costs under this clause if:
(a) the Company terminates your employment, except where it was entitled to and did terminate your employment summarily; or
(b) you terminate your employment in response to a fundamental breach by the Company.
15.4 You agree to the Company deducting the sums under this clause from your final salary or any outstanding payments due to you.
15.5 You agree that if the Company waives your obligation to repay the Costs under this clause, you will be solely responsible for any income or other tax payable as a result of the waiver and you shall indemnify the Company on a continuing basis in relation to any such tax.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello what fixed amount are you referring to exactly please?

Customer: replied 4 months ago.
Hi Ben,
Since I'll might have to repay a percentage of my training or course's cost, provided by the employee. There is no way for me to know what will be the actual sum of this repay.
Would it 50% out 5k of cost?
Or 50% of 500£ of cost?
That make a big difference.
Expert:  Ben Jones replied 4 months ago.

Thank you. 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.

Whilst it is legal to have such clauses, employers must be cautious to ensure that the amount of costs they are trying to recover is a genuine pre-estimate of the damages which they have suffered as a result of the employee leaving early. In the event that it is not, such clauses could be considered a penalty against the employee, which would make it legally unenforceable. Therefore, if the employer has derived some benefit from the employee undertaking the training course during the fixed repayment period (e.g. where an employer has been able to charge customers more for an employee’s services by virtue of that training or qualification) then the amounts which may be recovered from the employee should be reduced to reflect that benefit.

The contract should also contain a sliding scale of repayment whereby the repayment amount reduces according to the length of time the employee remains with the employer after the training has been completed. For example, 100% of the fees to be repaid if the employee leaves within 0-12 months after the training has finished, 50% if they leave 12-24 months after, 25% if they leave 24 - 36 months after.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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