If, in order to receive financial assistance to pursue a professional qualification, you are required to sign a “Training Contract” which states that if you leave your employment within 2 years of qualification, you will be required to repay some or all of the actual costs, could this be construed as signing a contract under “duress”? Basically, if you don’t sign, you won’t receive financial assistance.
A further point in connection with this; the training contract states that “first attempts only are paid for and given study leave for”. If an employee fails their first sitting and incurrs their own costs/takes holiday leave to resit the following year and then passes, does the 2 year rule still apply from qualification or from the sitting actually paid for by the employer?
Elaine Wilkinson