Employment Lawyers Can Answer Your Employment Law Questions
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?
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?
Are they trying to deduct the training fees from your pay?
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?
SO you had no knowledge of it or its contents at all before you started the training?
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?
All the best