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      06-27-2014, 08:10 AM   #1
RCUK
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Company rights recovering study support

Wonder if anyone can help me.

A friend wants to study for an NVQ5 and needs her company to support her in terms of saying that they will let her do it - which they are fine to do.

They have said however, if they pay for the course - she will be tied in to work for them for 5 yrs!

When i did my accountancy quals i was told i had to work for the company for a yr post qualification or they could recover study costs.

I think 5 yrs is taking the pee a little and thought id get your thoughts?
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      06-27-2014, 08:16 AM   #2
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or she pays them back if she leaves.... We try training (not all, just some expensive and transferable) such that if we pay for it and the employee pisses off within a year they pay it all back, within 2 years 50% and within 3 years 25%

There's no reason why a company should pay for a transferable course only to see their investment benefit a competitor but 5 years is a bit strong. If she offers to pay it back if she leaves within 3 years I'd say that would be fair.

Ultimately though, her employer can make her take it or leave it; they're under no obligation.
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      06-27-2014, 08:28 AM   #3
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I thought that might be the case.... its a SME rather than a big corporate, hence financially i can see it being more of a drain on them if several of their staff do.
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      06-28-2014, 02:19 AM   #4
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I thought those clauses were legally unenforceable...
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      06-30-2014, 05:39 AM   #5
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Originally Posted by phil200tdi View Post
I thought those clauses were legally unenforceable...
They are, you can't force people to work for you in this country. They can probably however try and recover costs.
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      06-30-2014, 05:44 AM   #6
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Quote:
Originally Posted by xenon View Post
or she pays them back if she leaves.... We try training (not all, just some expensive and transferable) such that if we pay for it and the employee pisses off within a year they pay it all back, within 2 years 50% and within 3 years 25%

There's no reason why a company should pay for a transferable course only to see their investment benefit a competitor but 5 years is a bit strong. If she offers to pay it back if she leaves within 3 years I'd say that would be fair.

Ultimately though, her employer can make her take it or leave it; they're under no obligation.
I think what you do is fair enough and would probably stand up in court. I don't think that demanding a full payment of training costs after 4 years 11 months would though as the employer would be seen to have gained from that training and it will be seen as a gun to the head style contract.
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      06-30-2014, 05:53 AM   #7
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Quote:
Originally Posted by djgandy View Post
They are, you can't force people to work for you in this country. They can probably however try and recover costs.
That's how it would work - you could deduct from the final pay (up to a point). Never had to do it though.
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      06-30-2014, 06:58 AM   #8
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Quote:
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That's how it would work - you could deduct from the final pay (up to a point). Never had to do it though.
Yeah I would assume that if you gave 3 months notice or whatever, you could expect to receive no money for 3 months if the costs were high!

I guess the solution is to make sure you have a new job, quit on payday and start the new one immediately!
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