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Posted By Peter Younger
Does anybody know of any case law, when an employer has tried to claim back the costs of safety training, from a member of staff leaving for a new job? only I am moving onto pastures new, and get the feeling my boss is going to try and claim back the costs of my diploma from me, help please!!
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Posted By Ashley Williams
Unless you signed something to say youd give it back. They cant recover it!
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Posted By Paul Adams
I concur. We operate a training payback agreement whereby the cost of training is reduced on a sliding scale over a period of time. The employee signs the agreement prior to training and pays back if they leave before the time elapses. This does not include training of a mandatory nature i.e. first aid etc.
However, if you are bettering yourself as a result of the Diploma and only passed recently, the employer may have justification in arguing that you have benefited directly. Having said that, I don't think the cost can be recovered from you without your consent and the cost of recovery by legal means may well exceed the benefit. Alternatively, the employer could get nasty and withold wages, which would then put you in the same position.
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Posted By Laurie
I think this has come up before - try the archive.
We were singularly unsuccessful getting an expensive first aid kit back from someone who left two days after he was given it!
Laurie
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Posted By Stevie
Peter,
Found myself in similar situation and had to pay back fees (diploma) as I had signed a pre-training agreement.
Company were wanting to take full fees from my final pay cheque (or should I say all my pay cheque + more !!!!) but I managed to negotiate terms of pay back on my terms as the terms of pay back were not stipulated in the agreement.
Accordingly I was able to pay back fees in relatively small regular payment that suited me over an extended time scale rather than as a lump sum. If you have to pay back fees, unless I am mistaken, as long as you offer to make regular payments within a reasonable timescale then there won't be much the company can do in terms of forcing you to pay in one hit.
Hope this is of some help and best of luck in your new post
Stevie
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Posted By Harry
I have a hazy memory of a mention of a similar case during my Diploma training that was found for the employee. The outcome was that the requirement to pay back money was unenforceable.
Makes sense - if you need the training for your job they are duty bound to provide it free of charge.
Harry
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