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Employees leaving/training costs


benedmonds
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5 hours ago, paddyvero said:

Whats the lad actually trained to do? Has he been put through alot of training in a short space of time and then promptly left? Tough thing as a business owner Id imagine.

Yep, it's easy to look as the owner as the Dr Evil character with his finger on the button but I agree. If he'd banged out 5 tickets etc and then left I'd be peeved as well. 17 years old or not. 

 

 

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13 minutes ago, forestboy1978 said:

Yep, it's easy to look as the owner as the Dr Evil character with his finger on the button but I agree. If he'd banged out 5 tickets etc and then left I'd be peeved as well. 17 years old or not. 

 

 

I don't blame the employer for wanting to recoup his training costs, I would want exactly the same if the shoe was on the other foot.. Just wondered if anyone had actually had any experience where they had actually tried and succeeded ot tried and failed...?

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I think if you want your employees under such a contract and they sign it, you best bet would be to pay them monthly in arrears. That way you would have a chance of retaining their last months wages, but even then they may come in for the start of the new month and then simply leave without notice once the money hits their account.

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I maybe wrong but I didn't think you could sign a contract like that under 18? Would his parents have to indemnify him for any losses accuired??  

 

Also if he is "owed" say 3.5k he is gonna spend 1500 chasing it not really gaining himself much. Apart from lost time away from business. He's better just finding another guy and training him up with just enough carrot and stick when required. 

 

 

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On 02/08/2018 at 20:24, Rough Hewn said:

I've been offered a contract which states i have to pay for training if I leave.
It's over 24 months in decreasing monthly periods.
I haven't signed it.
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But did you take the job? It is open for you to reject employment but if you accepted the job but have merely refused to sign the contract you may be on dodgy ground if , at some point in the future, you say that you don't consider yourself bound by the terms and conditions set out therein.

 

With regards to the enforceability of a repayment clause, there is no statutory right for an employer to recover training costs but if an employer includes a clause to this effect in a contract of employment then (providing it is not unreasonable) it will be effective.

 

Unless you have specifically expressed your refusal to accept the term regarding training (and that has been accepted by the employer) then I suspect it will be deemed to be a valid clause in the contract of employment.

 

As a matter of interest, if your employer decided not to pay overtime/holiday pay etc as set out in your contract and used the fact that you hadn't signed it as justification, what would you think?

 

Attitudes to this issue will split depending on whether you are an employee or an employer.

 

Employers will be fed up of people accepting jobs, being trained up at the employers expense and then leaving to use their qualifications to earn more dosh without giving the employer who trained them a chance to recover their investment in giving someone skills.

 

This may sound harsh but if a client of mine had an employee that wouldn't sign a contract because of  recovery of training costs clause I would advise them to flick you before the end of the probationary period. Experience shows that for someone with such a one sided attitude it is generally a matter of time before the employee becomes a problem and needs a compromise agreement to get rid. 

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But did you take the job? It is open for you to reject employment but if you accepted the job but have merely refused to sign the contract you may be on dodgy ground if , at some point in the future, you say that you don't consider yourself bound by the terms and conditions set out therein.
 
With regards to the enforceability of a repayment clause, there is no statutory right for an employer to recover training costs but if an employer includes a clause to this effect in a contract of employment then (providing it is not unreasonable) it will be effective.
 
Unless you have specifically expressed your refusal to accept the term regarding training (and that has been accepted by the employer) then I suspect it will be deemed to be a valid clause in the contract of employment.
 
As a matter of interest, if your employer decided not to pay overtime/holiday pay etc as set out in your contract and used the fact that you hadn't signed it as justification, what would you think?
 
Attitudes to this issue will split depending on whether you are an employee or an employer.
 
Employers will be fed up of people accepting jobs, being trained up at the employers expense and then leaving to use their qualifications to earn more dosh without giving the employer who trained them a chance to recover their investment in giving someone skills.
 
This may sound harsh but if a client of mine had an employee that wouldn't sign a contract because of  recovery of training costs clause I would advise them to flick you before the end of the probationary period. Experience shows that for someone with such a one sided attitude it is generally a matter of time before the employee becomes a problem and needs a compromise agreement to get rid. 

This may sound harsh but...
You make a lot of false presumptions about me.
Also one sided attitude?
What is a business?
Not a loving caring organisation.
They are for making money off other people's backs.
It's called capitalism.
So I should just sign any shitty contract I'm offered?
And be grateful?
Fuck you Inoff.
We aren't living in the 18th century.
But your attitude is.
Self respect chum.
You should try it sometime.
[emoji23][emoji23][emoji23][emoji12][emoji106]
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