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Training Course Fees From Final Salary

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Hi there,

 

I am serving my 5 day notice from my current job. I have being an apprentice for 4 years, and the job at the end of it wasn't what I expected.

I was sent on a HNC course by my company and made to sign a contract. It was a two year course, and I signed two contracts.

 

I quote: "If you leave out employment for any reason within one year of receiving this financial support, the company reserves the right to deduct the full value of the course fees paid from your final salary."

 

"If you leave out employment for any reason within two years of receiving this financial support, the company reserves the right to deduct 50% of the full value of the course fees paid from your final salary."

 

They have said I am liable for over £1800, my final salary (week in hand, plus few holidays) is worth a few hundred.

But they are claiming I need the pay it all. Is this true???

 

 

Also I have read on the Direct Gov website:

"A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it."

 

Does this also apply to me, or have I forfeited that right?

 

I don't mind them taking my final salary and I was lead to believe this is all they can take.

 

 

Thanks for reading and all your help,

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It's a lawful deduction as you have signed a clawback agreement and yes they can indeed ask you for the full balance. £1800 seems a little high for an HNC (depends what it was in of course) so I'd ask for a copy of the invoice from the college, and see if you can come to an agreement to pay.

 

Who led you to believe they couldn't get the rest of the money? and on what grounds?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for your response,

 

At the time of signing I asked what was meant by the term "course fees paid from your final salary".

I was told, (Verbally) that it meant they could start any salary (week or month) + holidays I was owed to pay it.

I wasn't under the impression that's what I'd signed up for.

 

Thanks,

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they could *start* any salary? That doesn't make sense to me.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Sorry about that lol.

** they could take any salary (week in hand or month) + holidays owed, by myself, to pay it.

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Ok. I have popped over the the CIPD forums to read up a little more.

 

You are right about NMW BUT you still have a debt to the company. So you can agree a repayment plan or you can call their bluff and see if they take you to court. I can see that they may be angry with you (4 years is a VERY long time to decide it is not the career for you!!) and might do so on principal. However as far as I can see there has not been a test case on this from HMRC wage compliance officer so it's not tested in court yet!

 

Remember as well apprentices have a different NMW depending on their age

 

http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_10027201


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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What happens is, it's a engineering apprenticeship, I moved around all area of the business. Sales, Drafting, after sales, planning, manufacturing, test ect.

I was then suppose to make a choice on a career for myself; a 1,2,3 preference. In my case my choices were ignored and I ended up with a job I didn't want.

 

Thanks for all your advice though.

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So you can agree a repayment plan or you can call their bluff and see if they take you to court.

 

I would not call their bluff and renege on the debt. This is because your professional body could take disciplinary action against you were they to receive a complaint from the employer. There was a recent example of a case involving an ACCA(_?) student. Repayment plan is the best idea. Or seek a "Golden Hello" in your next job.

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