My girlfriend has been told by her employer that she must attend some training so that they can satisfy some recently set internal requirement that says all employees working at her level must have such and such level of training.
They’ve organised a course but are now requiring her to sign a form that says she’ll be responsible for 100% of the cost if her employment ends within 12 months, 50% 12-18 months and 25% 18-24 months, course cost is roughly 1 months wages for her.
The course satisfies the bare minimum for them to say she meets their own requirements. She already has the knowledge that will be ‘gained’ from the course from her on the job experience, it is a box ticking exercise. From my understanding, the course could be advantageous, but certainly not a necessity, if she were to apply for a similar role at another employer.
She’s uncomfortable agreeing to it as we have plans that mean it’s quite likely she’ll leave in 12 months and most definitely within 24. However, where I would be very happy to get the bombers out on an employer trying to impose such conditions on me, she hates any thought of conflict and is inclined to sign the form saying she agrees to it just to avoid an awkward conversation with her (rather intimidating) boss.
To me, the main issues are:
1. The contract says “If your employment terminates after… has incurred costs, you will be responsible for the costs as laid out in …”
I’m a cynical bastard and that to me reads as 'Even if we sack you, you’re paying' as it does not stipulate who needs to initiate the termination of employment. Shirley this cannot be acceptable?
2. She hasn’t requested this course, they’ve said she must do it.
Potentially they could sack her if she didn’t do the course I guess but in my mind this would be constructive dismissal as her employer is requiring her to be trained to a level and not providing the training. She’s happy to do the course, she’s not happy about having to pay for it if she ends up not working there.
3. There aren’t any objective advantages to her doing this course, i.e. she’s not having a truck licence course paid for. She’s already doing the job, they need to tick some boxes however.
So, can anyone provide some insight as to where she would stand legally if she signed the form and then left within 2 years and they were looking for the money? I’m going to be an arse here and ask for specific experience rather than conjecture, I’ve already conjectured that she would have reasonable grounds to get her money back at an employment tribunal, I’m just not completely sure about that.
Where does she stand if she point blank refuses to sign the form now? I’m not 100% sure on whether it would be classed as constructive dismissal or not, but if I was the judge it, would be.
Many thanks in advance.
I'd be telling them to do one.
if it's compulsory then they pay and 100% their risk.
I had to sign a similar agreement when I did a entirely optional distance learning MSc while in the civil service. Head of HR at the time told me not to worry as it wasn't worth the bother of them pursuing it. they didnt.
I believe the repayment demand is in principle legal, the arrangement seems similar to that explicitly recommended on this page for example:
https://www.moonbeever.com/employment-articles/repayment-of-training-costs
However if the employer is insisting on the training as a job requirement I'd be expecting them to pay it with no such conditions applied. Especially if it's a useless box-ticking exercise (for her).
24 months is rather harsh.
If it's a skill she can use to get a new job then as part of the negotiation of the new job, you can ask to have that cost covered.
if it's a non-transferable bollocks type thing then I'd have a word with manager/HR/union rep
