I have recently resigned from my current job as I have accepted a position elsewhere. Since my employment commenced, I have been enrolled for ACCA courses.
The company is demanding the full repayment of the training costs. Unfortunately, I wont be able to pay, neither will my new emloyer.
Based on this following information, could you give your opinion on this.
This is the extract of my current contract with regards to the training cost:
” In the event that the Emloyee terminates employment with the Employer having received a benefit in the form of costs or study leave, the Employer reserves the right to deduct all or proportion of these costs from their final salary payment. Full details of the policy on Training Study Leave and Reimbursement are provided in the Staff Handbook. “
The Staff Handbook states the following with regards to the training reimbursement:
” 23.4 Reimbursement Clause – All Staff
The Employer reserves the right to deduct all or a proportion of training costs (including course fees, travel and subsistence expenses and study leave of any description), for or in relation to a course or an examination from your final salary and/or to count days of study leave taken as part of your holiday entitlement for the purposes of pro-rating any final holiday entitlement or payment in lieu of holidays at your departure date in the event that:
• you voluntarily withdraw from or terminate the approved course of study before completion without the Employer’s prior written consent;
• you are dismissed from the course, unless this arises from the discontinuance of the course;
• your employment with the Employer is terminated for any reason prior to the completion of the course;
• you fail the course;
• You resign either prior to the completion of the course or within a period of 2 years after the completion of the course. In the latter case, the amount which would be due shall be reduced by 1/24th for each complete calendar month after the end of the course during which you remain employed by the Employer.
For the purposes of this clause, the 2-year claw back period will be taken from the date of your written resignation.
The reimbursement clause is a genuine attempt by the Employer to assess its loss as a result of the termination of your employment taking into account the derived benefits to both you and the Employer; it is not intended to act as a penalty upon termination of your employment.”
I would really appreciate if someone would look at this and give me his professional opinion.
Kind regards
Anna
Anna Cakoiova
