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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66604
Experience:  Qualified Solicitor
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My employer has a training cost clawback in my contract of

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My employer has a training cost clawback in my contract of employment. My notice period is 3 months. I am based in the UKI wish to hand in my notice before the end of the 18 month period however the leaving date will be outsied of this 18 months. Considering the wording below in particular "resign" would I be breach of contract?The wording is as such:you agree to pay all or part of the costs paid on your behalf in accordance with the repayment schedule below, if you either:
a) resign or;
b) are disimissed for any reason, other than redundancyRepayment Schedule:
Time of leaving after payment: 18 months
% of costs to be claimed back: 100%

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

When did you start your employment there?

Customer: replied 10 days ago.
21st January 2019
Customer: replied 10 days ago.
there is 1 month left out of the 18 months

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.

Thank you. I would say the key phrase in the clause is “time of leaving after training”, which states that if it is within 18 months then it would be 100% repayable. You could resign before the 19 months is up but you would not have left yet and would continue in employment until your notice period expires, which would then potentially take you outside of the 18 months. After all, you would only ‘leave’ ponce your employment terminates at the end of the notice period. On that basis, you can indeed argue that ‘time of leaving after payment’ would be more than 18 months.

Does this answer your query?

Customer: replied 10 days ago.
Okay understood, so that statement is more than likely to carry more weight than the "resign" wording.

Yes, because to resign still means for your employment to terminate by way of resignation, so the simple act of handing in your notice should not betaken into account, rather then day on which your employment officially terminates and you are deemed to have resigned.

Does this clarify things a bit more for you?

Customer: replied 10 days ago.
sir, thank you!

All the best

Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Just a quick final question. Could my employer dismiss me during the notice period and bring me into breach of contract?

They can try but a court would look at whether there were fair reasons for dismissal and if it was done without cause, deliberately to make you in default and liable for the fees