How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Employment Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Employment Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I recently left a company in June who were giving me study

Customer Question

HiI recently left a company in June who were giving me study support. At the point I left they did not raise I had to pay anything back. I did not sign any study support agreement separately either .
They have now sent a letter claiming that I committed fraud for one course which they are saying I booked in my notice period and obtained authorisations illegally.
I have proof I obtained authorisation before my notice period and the invoice from the college was also raised before my notice by almost 6 days.
I did however sit the course after I left as it stated later on in the year in July.
I am more than happy to pay back and am annoyed why it wasn't brought to my attention when I left . And that too with such an agreesive tone
They are now threatening to go to Cima ethics body if I don t pay and are questioning my integrity.
Can they do this when they have the dates wrong?I am more than happy to back but would like formal apology of the accusation for my record and future reference as I can still pay and they could still go to the ethics body.Could you please advise what would be the best thing to do and am I even liable to pay?
Submitted: 1 year ago.
Category: UK Employment Law
Customer: replied 1 year 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.
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long did you work for them and how long was the study support for?

Customer: replied 1 year ago.
I worked for them for just under a year . Their was no agreement in regarding the study support so nobody ever indicted how long the study support was . I assumed as long as I was employed with them.
Customer: replied 1 year ago.
I would have happily paid the course they are disputing had someone raised before I left but nobody did . And it was authorised 6 days before I handed my notice in which is the claim they are making
Customer: replied 1 year ago.
Also i understand the questions go public but I have attached a document with personal information. Can I have this removed please ... If the question goes public
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
That's fine Ben. Look forward to ur reply on this matte.
But I am now worried as I attached the letter thinking this was confidential but have come to realise it's not . How do I get this removed before the question goes public.
Expert:  Ben Jones replied 1 year ago.

Sorry I have been called in court urgently so won't have the time to look at this any more. I will therefore ‘opt out’ and a colleague should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. I will ask that the document is removed in the meantime. Thank you

Expert:  Stuart J replied 1 year ago.

Good morning. Thank you for the question. It is my pleasure to assist you with this today.

I see the previous expert has opted out. It happens from time to time.

There is no way to make the thread private, but no one knows who you are or where you are including me.

If you want to continue I need to know why you’ve not already paid the money back which they are asking for and why the course such a short period before you gave your notice. Thank you

Customer: replied 1 year ago.
Hi Stuart.This is the first time they have asked for payment . Had the asked for in my notice period I would have paid.With regards ***** ***** period. I was interviewing but not sure whether I would :one get the role and two take it as it was not permenant so was not sure what I would do but the company hasn't been pleasant so In the end I just took it .
i would have expected them to bring it to attention my notice period and would have paid even now I am happy to pay . I assumed it was fine as in my exit interview they never said anything.My issue is why need for such a aggressive letter as its their first attempt to contact me and two accuse me getting authorisation in my notice period which is not the case.
Customer: replied 1 year ago.
What I want to know is , I will pay but I want a formal retraction back of the accusation as its false for my future reference .
Do I have a case?
Customer: replied 1 year ago.
Their was no agreement regards ***** ***** support, nobody ever sat me down to go through the rules. I did not sign anything except my employment contract which states nothing...
Expert:  Stuart J replied 1 year ago.

If you are sending any letter which contains anything such as an admission or an offer, always mark the letter without prejudice save as to costs. The effect of that little phrase is that they cannot produce it in court as any evidence of guilt or admission or that you had previously said that you would settle for an amount.

You need to tell the company in writing that they are mistaken with their facts and give them the correct facts with regard to the timing.

Tell them that you are willing to send them the payment provided they withdraw the incorrect allegations and that any future reference supplied to a prospective future employer of yours does not contain any reference to this issue.

You can also ask them to confirm where, in any employment contract which you agreed to, and which you signed it says that they are entitled to any recoupment for any training undertaken while you are employed

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively. If you don’t rate it positively, the then I don’t get any credit for my time.

You may get the impression the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards


Customer: replied 1 year ago.
Hi StuartThank you. I am bit confused by your first paragraph! - any chance you could clarkfi
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Also Stuart
My manager did mention that the senior manger said he will pick up if any monies r owed back to the company but he never did instead we had a meeting which ended with him being aggressive and intimidating. Does this stand as a case for them that I should have mentioned myself? Because I was waiting for them
Customer: replied 1 year ago.
But no mention was made by the senior manager at any point
Expert:  Stuart J replied 1 year ago.

If you send a letter which for example (as in this case) is saying that you will send the money provided they do this that and the other, the last thing you want is for them to produce that letter in court so that they would say to the judge that you would already admitted you owed the money because you said you were going to pay it.

Hence, at the top of the letter you write on it “Without Prejudice Save as to Costs” which means they cannot produce it in court as any kind of admission of owning any money at all.

The aggressive behaviour is not relevant albeit that it’s annoying.

The fact that they may have waited some time, is also not relevant although they couldn’t ask you for this if six years had elapsed