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Anybody know about employment law - Advice needed

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Joined : Jun 08, 2007
Posts : 190
Rank: Star user

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Posted : Aug 04, 2008 6:09:49 PM
Subject : Anybody know about employment law - Advice needed

Hello,

I just wondered if there any of you are good on employment law as I need some advice. I am a trainee accountant and I am about to take some courses for my final exams. I am currently on maternity leave.

Previously, my company have paid for my studies. Now suddenly, my Manager and the HR Manager have decided to implement a new policy that says that they can claw back any training costs from your salary if you leave within two years!

I am not the only one affected by this change. I also have one colleague in the middle of her studies.

The thing is there was never any written agreement that they would pay for training even though they have done previously. Neither of us were studying when we started our jobs and when it was verbally agreed that they would pay, both of us took their word and didn't ask for confirmation.

Does anyone have any ideas as to where I might stand? I think it's all come about because I'm on maternity leave and they are worried I am not going back. I do plan on going back for at least a year but I will probably be moving away within two years and £1500 is a lot of money for me to pay back but it's pennies for them. I think this policy is totally unreasonable. I have heard of other schemes like this but not as harsh.

[Modified by: Lychees on 04 August 2008 18:11:08 ]

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MAC1
Joined : May 30, 2008
Posts : 193
Rank: Star user

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Posted : Aug 06, 2008 10:39:02 AM

Hi,
Unless they had it written in your contract at the time of paying fees etc that if you left they would make you repay then i don't think they can retrospectively make you pay. Going forward since introducing the policy I guess any more fees paid they can insist you repay. But I guess you would need to sign something to that effect agreeing to the change in terms and conditions. Try speaking to CAB.

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Ellathome
Joined : Oct 31, 2007
Posts : 51
Rank: Regular

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Posted : Aug 07, 2008 4:46:47 PM

Hiya,
They cannot make you pay back the monies if you did not have it in writing, they are probably just concerned that you may not return from Maternity leave.
My company paid for my degree studies and it was written into my contract that if I left within 2years of completion I would need to repay the amount.
I did intend to return, but... didn't, decided bringing up my daughter was more important. They very kindly did not take the money back.
Hope you get a good result
Ell
36+3

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