Hi guys

I have a situation to day in my wwork and wondered if anyone could help as obviously ACAS dont work weekends and really need to sort an issue out now.

I have a girl wo has recently been trained by us wo has just handed me her notice toay.

there is two clauses in her contact:-

1) the employer has the right to deduct from your pay any sums which you may owe the employer, including without limitation, any over payments or loans made to you by the the employer, or losses suffered by the employer as a result f your negligence or breach of employer rules.  100% of which will be recovered from your final salary.

2) The provision of training is subject to a repayment in the event tat the employee leaves within certain timescales as follows - up tp 3mts (100%) 3-6mths (75%) and 6-12mths (50%)

I basically said to her that she has to pay all training expenses back as she is leaving within the first 3mths.

she then said she has had legal advice who stated that it said any deductions would be taken out of her final salry, however her final salary wil be £200 and her training expenses £1200, she said that we are only allowed to take the deduction out of her final salary and not invoice her for the rest.

Has anyone else been in this situation or can help as I was always led to belive we could take all dedcutions out her final salary and the invoive her for the rest giving her reasonable time to repay the existing amout.

Hope someone can help as I am really stressing

When my husband left his last job we had an invoice for the rest of his course money to the sum of £600
We were expecting it but the amount came as a bit of a shock! They had already taken £700 from his last salary so I suppose you are allowed to invoice.
I would not have a clue how legal it all is though.
We just paid it.

It states in the contract that the employee will have to repay it. It doesn't matter what method, whether out of their final salary or other ways so she really hasn't got any comeback :)

Lucy
xx

Technically she would be obliged to pay the costs back BUT there is a point as to what training can be expected to be paid by an employee.All new jobs require some sort of training so it depends very much on how specialised the training is and also WHY she wants to leave. IE if she has a genuine reason for leaving.

For example if you gave this contract to someone training as a receptionist and you asked her to pay back train costs because someone had to train her for a week, costing a full weeks wage to a company , this cost would not be the type you could claim back IMHO

These sort of cases are all judge on their own merits. It is always a bit difficult to give advice without the "whole" picture.  Contracts as we know are only enforceable if they are fair to both parties. :-)

Is it your company or are you HR just wondered if you could expand :-))))

Personally I have invoiced people fo the full cost of external training. However before they were given the training the company made them sign a document saying that they understood that if they left within n months they would be expected to repay the cost.

As someone else has said it does depend a bit on the circumstances as to why she is leaving.