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Martin#1  
#1 Posted : 19 February 2016 13:11:34(UTC)
Rank: Forum user
Martin#1


I've had a conversation with our HR manager who is looking at ways that the cost of a training course paid for by the company can be recovered when an employee leaves. If an employee has completed a course that is required to enable them to do their job I don't think money can be claimed back from that person. What can I issue to my HR manager to help her understand this issue?

any help would be much appreciated

Martin

wjp62  
#2 Posted : 19 February 2016 13:30:02(UTC)
Rank: Forum user
wjp62

If the training has been provided in order to comply with health and safety legislation; this is because section 9 of the Health and Safety at Work etc. Act 1974 states:

"No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions."

Then I would say you aren't able to recover the costs, if on the other hand the training is other than to comply with legislation then there should be some sort of training policy in place which states these costs will be recovered if a person leaves employment within a certain time.
Animax01  
#3 Posted : 19 February 2016 16:41:00(UTC)
Rank: Super forum user
Animax01

I had to sign something similar, but mine states that if I leave within two years of completing the courses I will be liable for half of the cost. This seems reasonable as the courses benefit both the company and me.

Pete
Ron Hunter  
#4 Posted : 19 February 2016 16:43:30(UTC)
Rank: Super forum user
Ron Hunter

Not to be confused with continuing professional development beyond baseline requirements - e.g. if the employer pays for a Post Grad or VQ5 etc. over and beyond baseline, then it is standard practice for employee to sign up to a (e.g.) 3 Year pay-back clause.

In other words, employer is entitled to recover costs on a 3 year sliding scale. This could be reasonably recovered from final salary?
chris42  
#5 Posted : 19 February 2016 17:13:12(UTC)
Rank: Super forum user
chris42

If of course the person leaves of their own accord.

ie I would be pretty peeved if a company say in my probation period paid for me to go on a Fire risk assessment course, you do their assessments and then they get rid of you just after, and refund them in full for the course.

Not that an employer would do such a thing, of course.

Chris
bob youel  
#6 Posted : 20 February 2016 08:22:52(UTC)
Rank: Super forum user
bob youel

I would go with Racer on this; and just another example of HR being less than impartial
Roundtuit  
#7 Posted : 20 February 2016 09:47:39(UTC)
Rank: Super forum user
Roundtuit

Before launching in to such a policy the business should consider two related questions:
1) How applicants have achieved the core education, skills & competence desired for a role before they are recruited (someone at some stage has paid)
2) If they get an exceptional candidate BUT this person currently works within a re-charge environment would they be willing to take on this debt to secure the best applicant?
Roundtuit  
#8 Posted : 20 February 2016 09:47:39(UTC)
Rank: Super forum user
Roundtuit

Before launching in to such a policy the business should consider two related questions:
1) How applicants have achieved the core education, skills & competence desired for a role before they are recruited (someone at some stage has paid)
2) If they get an exceptional candidate BUT this person currently works within a re-charge environment would they be willing to take on this debt to secure the best applicant?
Martin#1  
#9 Posted : 22 February 2016 09:32:18(UTC)
Rank: Forum user
Martin#1

Thanks for the posts and advice, it was very much appreciated :-)

got a meeting with our HR manager so should be able to put the issue to bed now
Invictus  
#10 Posted : 22 February 2016 12:06:21(UTC)
Rank: Super forum user
Invictus

It doesn't really state what training, but with H&S Racer ghas it for the basics but some are trained to a higher level when the role doesn't really require that level.

Even as a health and safety manager we still need training and the company will pay for, I always work on the benefits to both but the direct benefit to the company i.e. Fire risk assessment, COSHH etc. if I need extra training then it means the company doesn't pay out so I don't sign anything.

If they want to bring people in to complete thetask that is up to them. I am hoping to go on the ESOS auditing training soon will benefit us both so I won't sign.

Martin#1  
#11 Posted : 05 April 2016 15:40:39(UTC)
Rank: Forum user
Martin#1

This has now been raised again!!! we have a number of operatives who are going to undertake an IPAF Course and our Contracts Manager and HR Manager want the operatives to sign a Training Costs Agreement but I don't think this should be the case, in order to complete their work safely and use the equipment provided the operatives should have valid IPAF accreditation/qualification and to me this is breaching the Health and Safety at Work etc. Act 1974;

Section Two
Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—

(c)the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees

Section Nine
Duty not to charge employees for things done or provided pursuant to certain specific requirements.

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.

Any advice/feedback on this matter would be very much appreciated

Martin
WatsonD  
#12 Posted : 05 April 2016 15:54:06(UTC)
Rank: Super forum user
WatsonD

I was always told that asking for an employee to pay for a course if they later choose to leave was not worth the paper it was written on.

There can be a number of circumstances that cause a person to leave their job...

Also, as in your case, the employer needs the employees to do this. It is not the case of an employer letting an employee develop themselves and therefore requiring some sort of commitment in return. This sounds like the employee has no choice in doing the training
Martin#1  
#13 Posted : 05 April 2016 16:06:26(UTC)
Rank: Forum user
Martin#1

WatsonD wrote:
I was always told that asking for an employee to pay for a course if they later choose to leave was not worth the paper it was written on.

There can be a number of circumstances that cause a person to leave their job...

Also, as in your case, the employer needs the employees to do this. It is not the case of an employer letting an employee develop themselves and therefore requiring some sort of commitment in return. This sounds like the employee has no choice in doing the training


I think you have hit the nail on the head here, "the employer needs the employees to do this. It is not the case of an employer letting an employee develop themselves and therefore requiring some sort of commitment in return" my only question is this situation a breach of the Health and Safety at Work etc. Act 1974?
James Robinson  
#14 Posted : 05 April 2016 16:36:45(UTC)
Rank: Forum user
James Robinson

I started writing a reply and then gave up, as it became rather bitter.

The answer to the single question is - the Courts decide in the end.

However, if I come and work for the business, I would now want to see a series of options for training providers and costs - cos I'm going to pick the cheapest and shortest if you are going to claim the money back off me when I leave!
I would also send an invoice on the day I start working at the business for the relevant training I have already received elsewhere, if not I may have a massive attack of amnesia within the first few minutes of starting.
I presume I will have to hand in my glasses, PPE, etc on the day I leave and be charged by the amount of tread left on my shoes.

Sounds like a great organization!
James Robinson  
#15 Posted : 05 April 2016 16:42:46(UTC)
Rank: Forum user
James Robinson

Thought of a better answer.

Send the HR Manager away on a training course so they now know the answer to their own question - but get them to sign a piece of paper saying they have to pay for this training when they leave.
fscott  
#16 Posted : 06 April 2016 11:01:51(UTC)
Rank: Forum user
fscott

I'd turn the tables a little bit and ask your HR guys what do they propose if the employees refuse to sign the training claw back (which in this case I would refuse if I was the employee)?

You need the employees to be able to operate a MEWP to carry out the role that they are employed to do so they require the training irrespective of the presence of a claw back agreement or not.

I fully support these types of agreement if an employer is sponsoring an employee to do a degree course, NEBOSH, L5 VQ etc that is a significant financial investment but an IPAF course is approx £200 per person (less if you have a significant number going on course at once).
Jimothy999  
#17 Posted : 07 April 2016 15:27:54(UTC)
Rank: Forum user
Jimothy999

Link below to an article on the subject:

http://www.peninsulagrou...y-commencing-employment/

The thrust seems to be that it is lawful to put in place agreements of this type generally but, as most here suspect, it may not be enforceable for H&S training.

I suggest you advise your HR department that such agreements MAY not be enforceable if the training is done to discharge requirements under H&S legislation due to the afore mentioned HASWA section. If they want anything more firm than that then they will need to take legal advice.
hilary  
#18 Posted : 08 April 2016 12:47:56(UTC)
Rank: Super forum user
hilary

We put this sort of agreement in place when we sponsor people to do degrees and masters courses. If they get a degree paid for by us and then immediately leave we got no benefit from it so there is a two/three year payback clause. I think this is reasonable.

However, for shorter less expensive courses there is no payback.
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