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Ihave signed atraining agreement hgv class 2 ihave now left…

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Ihave signed atraining agreement for...
Ihave signed atraining agreement for my hgv class 2 ihave now left and the company are sending me letters saying they will take me two court
Submitted: 2 years ago.Category: UK Employment Law
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Answered in 1 minute by:
2/14/2016
Solicitor: Alice H, Solicitor/Partner replied 2 years ago
Alice H
Alice H, Solicitor/Partner
Category: UK Employment Law
Satisfied Customers: 2,850
Experience: Partner in national law firm with 25 years legal experience
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My name is ***** ***** I am happy to help you today. How much are they seeking in total?

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Customer reply replied 2 years ago
1700
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Solicitor: Alice H, Solicitor/Partner replied 2 years ago

OK and do you have a copy of the agreement that I could look at? You can attach it as a PDF using the paperclip symbol above and blank out names if you wish.

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Solicitor: Ben Jones, UK Lawyer replied 2 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,161
Experience: Qualified Employment Solicitor
Verified

Hello, my colleague has decided not to continue with this conversation so I will help instead.

Employers can spend a considerable amount of money on training their employees, only to see them leave shortly afterwards. In order to ensure that the employer can provide an employee with training and that the employee does not take advantage of the situation by leaving soon afterwards, it is common practice to have a repayment provision in the contract of employment. Under it the training costs are deemed to constitute a loan to the employee, which becomes repayable if they leave their employment within a certain period after the training completes.

Whilst it is legal to have such clauses, employers must be cautious to ensure that the amount of costs they are trying to recover is a genuine pre-estimate of the damages which they have suffered as a result of the employee leaving early. In the event that it is not, such clauses could be considered a penalty against the employee, which would make it legally unenforceable. Therefore, if the employer has derived some benefit from the employee undertaking the training course during the fixed repayment period (e.g. where an employer has been able to charge customers more for an employee’s services by virtue of that training or qualification) then the amounts which may be recovered from the employee should be reduced to reflect that benefit.

The contract should also contain a sliding scale of repayment whereby the repayment amount reduces according to the length of time the employee remains with the employer after the training has been completed. For example, 100% of the fees to be repaid if the employee leaves within 0-12 months after the training has finished, 50% if they leave 12-24 months after, 25% if they leave 24 - 36 months after.

There are a couple of ways for the employer to try and recover these fees - by deducting them direct from the employee's wages or, if the employee has already left and paid up fully - by taking them to court.

If the matter goes to court, it would be for the employer to show that the repayment clause was reasonably drafted and that the costs they are trying to recover are reasonable in the circumstances.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 2 years ago

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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Solicitor: Ben Jones, UK Lawyer replied 2 years ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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