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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60581
Experience:  Qualified Employment Solicitor
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I did not sign a training agreement and my employer is

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i did not sign a training agreement and my employer is trying to recoup the cost of training. they are saying by me going on the training (even though i did not sign the agreeement) was an acceptance of it
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes unite

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for the business and when did you do the training?

Customer: replied 9 days ago.
Started in January 2018. Carried out training September 2018-August 2019, a HNC on a day release basis
Customer: replied 9 days ago.
no thanks direct message is fine

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Can I just check if you were issued with the agreement before attending and that you were aware of the repayment terms and still attended the training with that knowledge?

Customer: replied 9 days ago.
I attended the training after the training agreement was issued. However i did not sign it due to not agreeing with it.
Customer: replied 9 days ago.
Furthermore the company would be able to recoup the cost of the training through the apprentership levy so them asking for the full cost of the training would not represent a true cost to their business

Are they trying to deduct the training fees from your pay?

Customer: replied 9 days ago.
Yes from my final salary
Customer: replied 9 days ago.
And any other monetary payments such as accrued lieu days, holidays and expenses i have incurred

Ok thanks. They would not be able to take the fees from your pay as the following conditions must be satisfied for them to do that:

 

“with a relevant provision of his contract to the inclusion of which in the contract the worker has signified his agreement or consent in writing, or otherwise with the prior agreement or consent of the worker signified in writing”

 

You have not signified your agreement to this clause in writing and have not given your consent in writing. The above is directly from the Employment Rights Act 1996 and if the employer acts in violation of it then the deductions would be unlawful.

 

What they could however do is to argue that by knowing the contents of the contract and the repayment schedule and by continuing with the training anyway and not officially in writing stating that you formally dispute the contract and do not proceed in acceptance of it, you have accepted it. This is known as an implied acceptance. That won’t allow them to deduct the money from your pay but they can make a separate claim to recover the fees, such as through the Small Claims Court. There is no guarantee they will go that far but it is an option and then it is for the court to decide if there was an implied acceptance.

 

Does this answer your query?

Customer: replied 8 days ago.
Actually looking at my training agreement they sent it after my hnc started - whrre do they stand now

SO you had no knowledge of it or its contents at all before you started the training?

Customer: replied 8 days ago.
Yes that is correct

Ok that will make it more difficult for them to argue that there had been an implied acceptance, considering you did not actually know the terms until after the event had commenced. It is not looking great for them overall to be honest. Does this clarify things a bit more for you?

Customer: replied 8 days ago.
Yeah cheers mate

All the best

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
Yh no dramas 5*

thank you