Company Charging Training Costs

[AKAZ777]

Hi all, i need some advice regarding training costs.

 

I have worked with my current employer for 5 years, The Compnay sent me on a Training course last Sept 08. The training cost them 2549.53pounds. I have handed in my notice and recived a letter stating that they will be charging me 2652 pounds for the trainign course and they will take this out of my last wage. (Expenses included.)

 

My contract does state i have to pay this back. and is very clear on that!!!

 

I believe i shouldnt pay for the course for few reasons and i hope that someone can tell me if i can.

 

1. i didnt want to leave the company. I have for the last 3 years tried to get a promotion/payrise but everytime i asked i was told they dont have a process?? even though other areas of the company are being promoted. It got to a point where i got tried of asking. I asked HR to help me, My manager and my managers boss. Hr didnt really tell me anything all they said was speak with your mamager.

 

3. Each time i have asked my manager in 1-2-1's for a pay rise or promotion he has told me "You might aswell leave if your looking for more money"

 

 

3. I was made to do work which isnt in my current capability. My current grade on requires me to do BAU work and not projects. but the last 2 years all i have done is project work which only higher grade personall do. But i have had no recognition or extra pay for the work...

 

4. The training course i was sent on wasnt even the one i wanted to go on. When my manager booked me i told him but his responce was tough its booked.

 

5. Our boses have told us that most of our work will be moving out of our current area and moving down south. so hinting us to look else where.

 

I have worked so hard for this company and really didnt want to leave but circumstances have pushed me to leave... do you guys think i can persuade them not to charge me the fees?

 

I have been told i could go down the Contructive dismissal route..??

 

Any advice will be appreiciated.

[chesham]

In all of this, you haven't made your negative feelings clear enough by a statutory process, i.e. a grievance. The first question to be asked is more than likely whether or not you went down that route -that's why it's there and the whole point of it.

 

The points you raised I would say (in my own opinion) do not amount to constructive dismissal, the evidence points to you actively choosing to leave and not being forced to, which is the prerequisite for constructive dismissal.

 

Although it sounds like bad management and not the best company in the world, there doesn't look like any basis for you to ask the company to discharge your duty to pay the money back. But I can't see any valid reason as to why you will be excused from paying this. It's an exact term of the contract and they will enforce it.

 

I could be wrong though - ACAS may be able to provide a better resolve if you get in touch with them and see what they have to say.