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Employers clawback of course fees.

This is a discussion on Employers clawback of course fees. within the The Roadside Hotel forums, part of the Members Area category; Is it fully legal? Small print in my contract said if I left within two years of completing a course ...


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Old 04-08-2008, 01:19   #1
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Employers clawback of course fees.

Is it fully legal?

Small print in my contract said if I left within two years of completing a course I was liable to pay back my fees for that course that the employers had paid for me?

Guess what they have just written to me asking for
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Old 04-08-2008, 01:57   #2
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Re: Employers clawback of course fees.

Just found the answer, looks like I'm pretty liable, ahh well, going down fighting it is
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Old 04-08-2008, 04:38   #3
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Re: Employers clawback of course fees.

It's something I had in a couple of my UK contracts - can't blame the company I guess given the cost of training.

The general opinion over here is that it's not enforceable but I wouldn't really want to test it unless it was a lot of money.
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Old 04-08-2008, 07:28   #4
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Re: Employers clawback of course fees.

I think I am in a similar scenario with my accountancy firm, but then I saw one of the invoices for my courses once. They're pumping about £4k a year into me.
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Old 04-08-2008, 08:01   #5
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Re: Employers clawback of course fees.

Quote:
Originally Posted by Bigw2069 View Post
Is it fully legal?

Small print in my contract said if I left within two years of completing a course I was liable to pay back my fees for that course that the employers had paid for me?

Guess what they have just written to me asking for
Yes , it is enforcable providing they enforce this clause consistently.

If nobody that's left for years has ever been asked to pay them back then you might have grounds for complaint but otherwise it's likely you'll have to pay
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Old 04-08-2008, 08:24   #6
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Re: Employers clawback of course fees.

If you do end up getting sent a bill by your former employers, try talking to the HR department of your new one - they may be able to help out, because after all, the skills the course gave you will presumably have been one of the reasons they wanted to employ you?
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Old 04-08-2008, 10:38   #7
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Re: Employers clawback of course fees.

Do you have to pay the whole lot? It's common enough to have to pay back something but I thought it was a sliding scale depending on how long you've been employed by them after the course.

Might be worth speaking to the CAB.
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Old 04-08-2008, 12:57   #8
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Re: Employers clawback of course fees.

Send them an offer for a proportion of the course costs.

Eg Course = £1k, I stayed 1 year so I'll pay you 50% of the cost and I'll add 5% for admin.

I doubt they would turn a sensible offer down as it costs to get legal, but if they do you have lost nothing.
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Old 04-08-2008, 13:01   #9
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Re: Employers clawback of course fees.

A possible couple of getouts are the wording on the contract says "Upon completion of the course..." Well its not actually completed yet, my new employers are continuing it.

And during the time of my employment the company have been in breech of their terms and conditions, otherwise I would still be there.

We'll see, just about to phone the new employers in a mo to see if they want to help me.
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Old 04-08-2008, 13:07   #10
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Re: Employers clawback of course fees.

Are you member of a union?
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Old 04-08-2008, 13:26   #11
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Re: Employers clawback of course fees.

I was a member of unison but after some recent poor performance on their behalf I withdrew as a protest.

Starting with prospect in my new job though.
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Old 04-08-2008, 14:18   #12
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Re: Employers clawback of course fees.

its not uncommon for a new employer to pick up the 'tab' on this (certainly in accountancy anyway).... it is certainly worth raising with them. Good luck !!
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Old 04-08-2008, 19:41   #13
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Re: Employers clawback of course fees.

I've heard of this being written into contracts/people being asked to sign an agreement before taking the course but never actually heard of it being enforced. Are they asking for much?
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Old 04-08-2008, 22:30   #14
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Re: Employers clawback of course fees.

They are after just short of £1k
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