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Can an employer make me pay for training in case I have left because I was not given enough work?

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Hi everyone,

Any advice would be highly appreciated!! The situation is as follows less than 3 months ago I have started as a subcontractor for a company initially I was given training for which I have signed a training contract stating that if I leave earlier then 6 months I will have to repay for the training!

Because the work is on price, I was promised 6 jobs on average a day, not in the contract, but I have a letter saying that "Their engineers complete 6 jobs on average a day", that is the only reason I have started the job for, them 6 jobs. But after month and a half and less than 4 jobs on average a day and not making enough to support my family I have decided to quit. I have told them this is the only reason I am quitting .

My question is: Is there a legal way for me not to pay for the training?

Thanks for your help in advance!

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Does the contract say anything at all about the number of jobs you can expect? Does it say whether or not you are obliged to accept work?


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Firstly, they can not make you pay for any mandatory training such as anything H&S related as that is their statutory obligation to provide that.Secondly, if the training was "in house" then ask them to justify the costs being claimed. For training provided by an external provider they can justify costs via an invoice from the provider, but the cost of "in house" training is far less than a bought in service especially if there was a few employees receiving the training at the same time.

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I have just gone through the contract again and I found this:

 

"Where the agreement is terminated as a result of Company being unable to provide sufficient work for an extended period, this will be regarded as a reason for early termination of the Agreement"

 

Does this mean I am off the hook? Does it mean I don't have to pay if I am not given enough work?

Thanks

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Do you have any contract showing hours you are contracted to or are you on a '0' hour contract? How much is the training in question? Also, have you spoke to the HR department to ask what will happen?

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What is the exact contract wording about repaying training costs? I've seen some pretty poorly worded examples in the past.


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This is the training agreement. Please have a look at section 14, if I quit because they do not provide me with enough work, do I still have to pay for the training?

I think, to my understanding section 14 undoes the agreement if the contractor quits for the reason of not being given enough work? Am I wrong?

TRAINING AGREEMENT

THIS AGREEMENT is made on .............................................................................BETWEEN

 

Compan yand...................................................................(“the trainee”)

1. The purpose of this agreement is to set out the principal duties and responsibilities of the company and the trainee

2. The trainee agrees to be trained by the company or its training agents

 

3. The trainee warrants and represents that the information they have provided in relation to their previous experience is true and accurate in all respects and that no material information has been withheld. They accept that the company may have relied on representations made by the trainee, in offering them a training position

 

4. The company has offered the trainee a place on an engineering training/job specific training course titled .………………………………………………………………………………………………..

5. The company will pay the trainee a daily allowance based upon the trainee’s attendance at and full participation in the training. The trainee will be responsible for all travelling and subsistence costs. The parties acknowledge that this contract does not create a relationship of employer/employee or employer/worker and the trainee will have no rights as an employee or worker

6. The training may be withdrawn or postponed by the company in whole or in part at any time including following commencement of the training with no liability arising from such cancellation or postponement by the company

 

7. This training is being offered in anticipation of the company offering the trainee a contract for services. Provision of this training does not require the company to provide a contract for services to the trainee, nor to provide work on an ongoing basis 8. The cost of the training offered is £780 for the duration of training.

9. In consideration of the trainee successfully completing the training and making themselves available to the company for a period of more than six months, such period commencing within twelve months following successful completion of this training, the company agrees to pay the cost of the training in full

10. The trainee must also attend required courses on all days required and conduct themselves in a professional manner at all times and shall apply themselves to the course in good faith and using every effort to successfully complete the course

11. The trainee shall ensure that holiday leave does not conflict with periods of training and shall keepthe company. fully and promptly informed of any occasion and the reasons for any absence and agrees to any training establishment sharing all information in relation to the trainee’s performance and attendance at the training

12. Subject to the provisions for early termination of this agreement, if the requirements of clause 9 and 10 are not met, The company reserve the right to recover training costs from the trainee

13. Where training costs are recovered this will be on the following basis:

Within a period of 12 weeks of the commencement of the Services 100%

Over 12 weeks, up to 13 weeks 93%

Over 13 weeks, up to 14 weeks 86%

Reducing at a rate of 7% per week

Over 26 weeks nil

14. The provisions of this Agreement will apply whether the contract ceases, either as a result of the trainees own accord or as a result of the company terminating the Agreement for the Engineering Contractors fault.

Where the agreement is terminated as a result of the company being unable to provide sufficient work for an extended period, this will be regarded as a reason for early termination of the Agreement

15. Where this agreement is made between the company and a limited Company, the individual to be the subject of the training shall be: …………………………………… and the provisions of this agreement shall be construed accordingly. The named individual cannot be substituted with any other person

16. Where any provision of this agreement is held to be void or unenforceable, the remaining provisions of this agreement shall continue in full force and effect.

The company.............................................................................

TRAINEE/COMPANY......................................................................................................................

 

 

 

----------END---------

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The contract is badly drafted. It is not clear what "early termination" means. Usually, I would say that clauses requiring employees/contractors to repay training costs of this nature are enforceable.

 

The bit which might save you here are the words at the beginning of clause 12: "Subject to the provisions for early termination of this agreement". Its not clear, but the wording seems to imply that clause 12 does not apply if there is an "early termination". Personally I would try arguing that you are not liable to repay training costs on that basis.

 

There are no guarantees about what would happen if this reached court. The first sentence of clause 14 seems to contradict the above because it says the provisions of the contract still apply even if the contract is terminated. The company may also argue that 4 jobs a day is "sufficient" work. The company may also argue that 3 months is not an "extended period". But personally I would at least start from the position that you are not liable to repay training costs due to early termination and see what they say.


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Does any one know a free solicitor I can talk to?

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Does any one know a free solicitor I can talk to?

 

Not without a big waitlist at the CAB!

 

Have you checked your home insurance for legal cover?

 

I sort of object to this question, Would you do engineering work for complete strangers for free?


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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David, it's against site rules to recommend lawyers, sorry.

 

HB


Illegitimi non carborundum

 

 

 

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