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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have handed my notice in, and my employer has informed me

Resolved Question:

I have handed my notice in, and my employer has informed me that they intend to deduct money from my final pay for training costs, referring to the company policy regarding this. The policy states that prior to commencing the training I should have signed a training cost agreement agreeing to repay all of a proportion of the costs if I leave within a certain time period. I was never asked to sign this agreement, so am I liable for the training costs?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Luke my name is***** am an employment lawyer and I am happy to help you today. So are you saying that, until now, you were not aware that you could be required to repay these costs?
Customer: replied 1 year ago.
I applied for funding for the course and was turned down, and I was told the company were paying the fee, but no mention was made of repayment.
Expert:  Jenny replied 1 year ago.
ok thanks what is the cost of the course and is there anything in your contract of employment which states that course fees or other debts can be deducted from your final salary?
Customer: replied 1 year ago.
The cost is £771. My contract, signed November 2015 (I started the course in April 2015), states that 'Where you have entered into a training agreement with the Company, any outstanding costs detailed in the agreement will be deducted from your final pay'. The company's policy states 'when you undertake external training courses with significant cost implications, you will be required, prior to commencing the course, to sign an agreement to repay all of a proportion of the training costs of the course if you leave the company's employment within a certain time period. Full details will be set out in your training cost agreement'.
Expert:  Jenny replied 1 year ago.
Were you aware at the time that you should have entered into a training agreement but the employer had not asked you to sign it?
Customer: replied 1 year ago.
It was never mentioned at the time. I had read the Companies policies and procedures when I did my induction in Feb 2012, but did not remember this part, as I started the training 3 years later. I was just told that the company were paying the training costs.
Expert:  Jenny replied 1 year ago.
In that case the company cannot hold you to this and if they deduct it will amount to an unlawful deduction from wages and you will be able to claim it back in the employment tribunal. If they told you they were meeting the fees and cannot prove otherwise (which they can't without a signed agreement) then you will not be liable for the fees. You can tell them if they do deduct you will raise a claim accordingly. If you have any further questions please do ask. If have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
As my final salary is only for one weeks pay, due to the dates of my finishing work, and this will not cover the £771, would they be in breach of contract if they take it from my penultimate pay, as the contract states money will be deducted from my final pay?
Expert:  Jenny replied 1 year ago.
yes they would, in fact either way they are in breach of contract as you have not signed a training agreement.
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** been very helpful.
Expert:  Jenny replied 1 year ago.
no problem, please do remember to rate my answer before leaving the site as I am not otherwise paid for answering your question. Thank you and all the best.