Can my employer claim back for third level education fees

Fatboyseb

Hi all,

My employer paid for third level education fees (about 4k€).
I sign up a form stating that I would stay 1 year after completion of the course but I decided to leave and gave my notice recently. ( I think because I did not get a written copy as it was not made in duplicate)
I gave 3 months notice instated of 4weeks to let them prepare a correct handover and hoping to negotiate a part of the fees waived.
They now want to take the full amount over my next three pay.

After I signed that form they issued a new employee handbook stating that employee should repay them if they leave before completion (and it is completed) of the course but no mention of staying 1 year after.

My questions are:
Can they take the money even if I don't agree?
With the new handbook and the new T&C, can I argue that they changed their policy and I no longer have to repay them? (Especially when I don't have a copy of the form that I signed and the only written mention of the T&C for education support available was in the employee handbook?

Anybody have an idea to help me out?

Stheno

They've a valid case that you need to repay them, you agreed to it as a condition of them paying in the first place.

Daemonic

The handbook is just a guide to policies and will never outweigh a signed form/contract. It's standard practice in many firms to require an employee stay 1 year after completion of a course they pay for.

Bandana boy

They cannot reduce your pay without your consent.
If you signed a form committing to repay fees if you left within a year and you are leaving within the year then you owe them this money and I fully expect them to recoup this from you.

If they where to take this to court (and I expect they will )they would have strong case with their signed document.
You would then possibly be liable for costs which could be more than the settlment figure.

capefear

If you signed a contract saying that you would refund the fees if you left within a year of finishing study then you have no choice but to repay it and Im sure its standard practice to reduced your last couple of salaries until the money is cleared back. In my case I had to pay back 50% of the fees and I was giving the choice of it been deducted from the last two salaries or pay the money back in one lump sum.

It is an offence for your employer not to provide you with a copy of your contract within two months of you starting a job and if you were to bring this case to the ETA/LRC they would be fined €1200 see

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html

Bandana boy

It would be worth noting it would be tax efficient to pay your employer back from your salary rather than through a lump sum

capefear

It depends on if they take it of the net pay or gross pay. I would assume they will treat it as a loan and reduce the net pay.

Op make sure if the receipt for the course is in your employers name that you get it changed to yours or you get a letter explaining your situation as you don't want to lose out on the tax refund you could be entitled to from the revenue commissioner.

Fatboyseb

Thank you.
I'am trying to have it partially waived.
I have an other issue: I gave my notice for the 31st December but I am planning to have my last working day on the 13th December as I have quite a few days off to take. Because of that they want to take me off the payroll on the 13th and pay off the holidays due. The problem is that by doing that I would loose on 25 and 26th December bank holiday! Do they have the right to do that?

tatli_lokma

Fatboyseb wrote: »

Thank you.
I'am trying to have it partially waived.
I have an other issue: I gave my notice for the 31st December but I am planning to have my last working day on the 13th December as I have quite a few days off to take. Because of that they want to take me off the payroll on the 13th and pay off the holidays due. The problem is that by doing that I would loose on 25 and 26th December bank holiday! Do they have the right to do that?

Yes they do. The other option is you continue to work to the 31st and then get your hols paid out in the next pay period. Would be better to do that from a tax perspective anyway. If you give in excess of the required notice they are under no obligation to agree, as long as the minimum notice is honoured they have not broken any laws

I have to say OP if there is any chance of you needing a reference from this employer you are not doing yourself any favours. First you do not want to honour your agreement to pay back fees and then you want to dictate when you will leave so that you can benefit from public holidays at their expense! Seriously, if you worked for me I wouldn't be too quick to give you a positive reference after all that.

garhjw

Why don't you just repay the money. You signed an agreement and you should honour it. It's quite simple really.