Trying to force OH to sign an agreement

[mejules7]

Hi

 

I could really do with some help/advise.

 

my hubby recieved the following letter (tyed in cause I cant get the scanner working):

 

Please find below details of courses you have attended whilst employed at ******. The fees have been settled by the Company in all cases:

 

St J Ambulance (18th April 2008)

E.On / IOSH (3rd November 2008)

BSI - EMS Internal Auditing course (17th November 2008)

NEBOSH Construction (5th June 2008)

 

We would like to formalise the verbal agreement (this has never been mentioned or discussed prior to this letter) that you made with the Directors as to your commitment to ******* following your completing the above courses.

 

You will recall that it was agreed between you and the Directors that if you should decide to leave ****** within 3 years you would repay the course fees that we paid on your behalf. This would include all the fees for the above courses totalling £2968.16 and any other fees that might become payable.

 

You also should be aware that if it becomes necassary for ******* to terminate your employment because of your conduct or capability within a period of 3 years then we would seek to recover the sums from you.

 

I trust that this is a clear and precise record of what was agreed between you and the Directors and that you appreciate that it demonstrates commitment on both sides.

 

If you agree that this is a clear and precise record of what was agreed between you and the Directors I would be very much obliged if you would sign the tear off slip below and return it to me.

 

signed by office manager.

 

 

My husband has work for this company sine May 2007 and has never seen sight of an employment contract let alone sign one.

During his time there he has acheived all sorts of acreditations etc that they have been unable to achieve previous to his employment.

At the time of undertaking each course it was beneficial to both parties and no mention of paying back or signing a contract.

 

I studied B Tec National in business and finance some 10 years ago which included some employment law but I know that leglisation as changed so much since then.

 

I would appreciate any help on this as I am trying to write a letter back to his employer.

 

Many Thanks

Julie

[mejules7]

bump

[mariefab]

They are trying to pull a very cheeky fast one here aren't they!

If there had been any agreement they would have made very sure to get it in writing at the time.

 

It looks like they are trying to get him to remain with the Company in a state of terror for the next three years by holding a £3000 debt and the possibility of terminating his employment over his head.

 

He could make a copy of it, for his records, and return the original to them, unsigned, attached to a letter like this:

 

Dear Sir,

 

I am bemused by the contents of the attached letter.

 

I have absolutely no recollection of the verbal agreement you describe.

I feel certain that the possibility of acquiring a debt of nearly £3000 would have been indelibly branded into my memory.

 

I was under the impression that the training and accreditations were to the Company's benefit.

 

I was also unaware that the Company was contemplating terminating my employment on conduct or capability grounds within the next three years.

 

I would appreciate a prompt explanation of this unexpected and distressing letter.

 

Yours etc.

 

What constitutes an unlawful deduction from an employee?s wages explained

[mariefab]

Also, from the Employment Rights Act 1996:

 

Employment Rights Act 1996 (c. 18)

[mejules7]

Hello Mariefab

 

I was hoping you'd respond and advise.

 

Thanks for the fantastic to the point letter, we both have the next couple of days off and when i get to work on wednesday I will take copies of everything and get my hubby to take in top work, although we've decided to wait until the friday (his payday) because they are the type of company upon receipt of the letter and refusal to sign to frog march him off the premises (yes they really are that type!)

 

If the above were to happen do you think we would have a case for unfair dismissal?

 

Thanks for your help

Julie

[mariefab]

we've decided to wait until the friday (his payday) because they are the type of company upon receipt of the letter and refusal to sign to frog march him off the premises (yes they really are that type!)

 

Oh dear:eek:

You might want to omit the sentence, 'I feel certain that the possibility of acquiring a debt of nearly £3000 would have been indelibly branded into my memory.'

 

If the above were to happen do you think we would have a case for unfair dismissal?

 

Yes.

 

BUT (please note the big but)

His employers have invented a fictitious verbal agreement and confirmed it in writing. The letter states 'Directors', so at least two of his employers have no qualms about lying in order to potentially gain a pecuniary advantage.

 

Such unscrupulous employers could be equally capable of inventing fictitious grounds for Gross Misconduct to justify dismissing him.

This happened to my daughter a few years ago. Successfully resolved (Kerching!), but a shocking and unpleasant experience.

 

This new information could suggest a different interpretation of the reasons for their letter. Is it possible that they are already contemplating dismissing him on conduct or capability grounds and are attempting to limit the expense of doing so?

If you consider that this is possible, it might be an idea for him to gather copies of any useful information (appraisals training records etc.) from work before presenting the letter on Friday.

[mejules7]

Hi Mariefab

 

removed that sentence - although I didn't want too!

 

The 2 directors mentioned are the 2 owners of the company, and yes they are very unscrupulous and I wouldn't put anything past them. They both lied in a tribunal just recently against an ex office worker who was sacked for using her computer during her dinner (she had clocked off) they even doctored the clock card! She did win though.

 

Was talkin to hubby and he said 2 of the courses he undertook he had to in order for the company to gain the accreditations they so desparately wanted!

 

Have asked him to get copies of everything he can in regards to employement and training.

 

Thanks again

Julie