Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
coming up to 7years
Many thanks for your patience. Whether you needed the course to do your job, it is still something which the employer paid for and assuming you had agreed to undertake this training and sign specific repayment agreements then it is possible for the repayment to take place. If you disagreed with the need for the training then it is something that should have been challenged at the time, but assuming you undertook the training then it is implied you had accepted it.
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.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
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