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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44871
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please could someone help. I am an ex employee of

Customer Question

Hi please could someone help. I am an ex employee of stagecoach. When I started my job they provided the training but told me I was to sign a form agreeing that if I left within two years they could seek money from me. They claim the cost of training was about £2000. They deducted £90 for every month I worked there. I was dismissed after 18 months meaning £630 left to pay. I began employment in 2013 and left 2014. I have recently been told that stagecoach recieve a grant to train new staff and that because of this they cannot legally sort the money from me. Would it be possible to advise me on how true this is and where I stand legally on repaying them. Thanks.
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 3 months ago.

Can you please confirm whether it was Stagecoach that provided the training or whether they outsourced this to another company?

Expert:  Ben Jones replied 3 months ago.

There is a potential case that they may not be able to recover this and it would depend on whether they had actually suffered any losses as a result. 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.

Also if they have received a grant for this training and it was not them who paid for the training and they have not had to pay back the grant as a result of you leaving or have not suffered any other losses then it is unlikely they will have the legal right to chase you for this money.

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 3 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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