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sutty  
#1 Posted : 10 February 2014 15:09:49(UTC)
Rank: Forum user
sutty

What can anybody tell me about organisations paying for employees training, employees then leaving and being hit with a large bill or reduced final salary?

While i understand that an employer cannot charge for basic H&S training does this also include more advanced H&S training such as IOSH MS/NVQ's/NEBOSH/SMSTS?

What if they are required by our Clients and the employer pays for them, can an employee then be charged should he decide to leave the company after a period of time
Bdevine  
#2 Posted : 10 February 2014 15:51:36(UTC)
Rank: Forum user
Bdevine

Hi Sutty, the organisation which I work for has you sign a document which states that if you leave the organisation within 12 months of the course completion date, you will have to pay the full amount back to the company, although this is only for training which costs 1k or more.
fscott  
#3 Posted : 10 February 2014 16:59:25(UTC)
Rank: Forum user
fscott

At the end of the day it all comes down to the employment contract and/or any training agreements which were signed prior to the course being commenced. Categorically you cannot deduct monies from final salaries unless you have an express condition to do so and that this has been clearly detailed to the employee. If you have such conditions in place, you also need to be careful not to deduct monies which would result in their final salary falling below the NMW threshold for the period of work in question meaning that you may not be able to deduct all that you had hoped to. It's not unusual to have training claw back agreements similar to that outlined by BDevine.

My personal understanding is that where a Company has asked an employee to undertake such training to meet a competency requirement in relation to H&S training at any level then a company cannot recharge to employee if they leave. If the employee asks the Company to sponsor them, either in part or in full, for H&S training such as those you have indicated, as part of their own professional development which just happens to benefit the company too, then subject to the appropriate reasonable agreements being in place, then yes it can be claimed back.
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