Paying for training after leaving job

smilgy

Hi guys,

I was wondering if anyone here has experienced something similar to the situation below.

I am due to leave my workplace, who have asked me to pay for training I received a couple of months ago.

This training was received for the purpose of completing a job that is currently ongoing, rather than personal training received as per a request. I.e. I wasn't asked if I wanted to do it, rather than told to do it for the purpose of the job. The training was already booked when I found out.

This clause is in the HR policy as of Jan of this year. I signed a previous revision of this policy when I joined the company, where this clause is not present. The new policy was communicated to the employees, however, I did not sign it.

Do people think I am liable to pay for this training or can I refuse?

Unfortunately, relations with the employer are already not great so I am okay with whatever happens.

Thanks.

kennethsmyth

smilgy wrote: »

Hi guys,

I was wondering if anyone here has experienced something similar to the situation below.

I am due to leave my workplace, who have asked me to pay for training I received a couple of months ago.

This training was received for the purpose of completing a job that is currently ongoing, rather than personal training received as per a request. I.e. I wasn't asked if I wanted to do it, rather than told to do it for the purpose of the job. The training was already booked when I found out.

This clause is in the HR policy as of Jan of this year. I signed a previous revision of this policy when I joined the company, where this clause is not present. The new policy was communicated to the employees, however, I did not sign it.

Do people think I am liable to pay for this training or can I refuse?

Unfortunately, relations with the employer are already not great so I am okay with whatever happens.

Thanks.

Ask them to provide a copy of the contract that you have signed highlighting the repayment clause for training - they will not be able to provide this (note they must provide a signed version - not their current contract)

smilgy

kennethsmyth wrote: »

Ask them to provide a copy of the contract that you have signed highlighting the repayment clause for training - they will not be able to provide this (note they must provide a signed version - not their current contract)

I have kept my own records of this, the signed HR policy when I joined the company. I'm just wondering if they can come back at me with something else before I go in to talk about it.

I want to have more than one avenue at the same time, hence highlighting the area where I wasn't really given an option regarding attending the training.

kennethsmyth

Did your signed policy mention the repayment of training costs?

They cannot request after the fact.

BrokenArrows

No you don't need to pay for training which is mandatory and required to complete your current tasks.

Even if you had signed the current version of the contract, if the training was mandatory and required to complete your current tasks then there is no way they could legally force you to pay for it.

The only times ive ever heard of employees paying for training after leaving is when the company offers optional training which enhances the employees skill set. Usually they will have a condition on the training saying that if you leave the company within 12 (sometimes more if its expensive training like an MBA) months of completing the training then you are liable for the cost.

smilgy

BrokenArrows wrote: »

No you don't need to pay for training which is mandatory and required to complete your current tasks.

Even if you had signed the current version of the contract, if the training was mandatory and required to complete your current tasks then there is no way they could legally force you to pay for it.

The only times ive ever heard of employees paying for training after leaving is when the company offers optional training which enhances the employees skill set. Usually they will have a condition on the training saying that if you leave the company within 12 (sometimes more if its expensive training like an MBA) months of completing the training then you are liable for the cost.

Thanks for the reply.

I suppose to perhaps clarify what I said in the original post. While the training was for an upcoming job, obviously I would have always had the chance of not doing it if I so wished, but then would have been taken off the project and questions would have been asked as to the reasons why.

Even after the training was booked and paid for, I could have not done it and potentially someone else taken my place instead.

BrokenArrows

smilgy wrote: »

Thanks for the reply.

I suppose to perhaps clarify what I said in the original post. While the training was for an upcoming job, obviously I would have always had the chance of not doing it if I so wished, but then would have been taken off the project and questions would have been asked as to the reasons why.

Even after the training was booked and paid for, I could have not done it and potentially someone else taken my place instead.

It was still directly required for your day to day work on the upcoming project, not something separate like getting a masters degree which isnt directly required.

100% you should refuse to pay for this and there shouldnt even be a question about it because you never signed the contract.

smilgy

BrokenArrows wrote: »

It was still directly required for your day to day work on the upcoming project, not something separate like getting a masters degree which isnt directly required.

100% you should refuse to pay for this and there shouldnt even be a question about it because you never signed the contract.

Thanks again. It's as I expected, I just wanted to get another person's opinion on the matter before I go in guns blazing.

If it's in the new handbook/policy etc. and that was circulated to staff and you didn't raise a specific objection they could argue that you gave tacit acceptance because you didn't raise any objection and continued to work there knowing what the policy was. I'm not saying they'd win, but it's an argument I've seen used against employees in the past when shoehorning in policy changes.

What they may try to do is withhold the amount from your last salary payment and then it would be up to you to claw it back through whatever means you felt appropriate at the time.

smilgy

[Deleted User] wrote: »

If it's in the new handbook/policy etc. and that was circulated to staff and you didn't raise a specific objection they could argue that you gave tacit acceptance because you didn't raise any objection and continued to work there knowing what the policy was. I'm not saying they'd win, but it's an argument I've seen used against employees in the past when shoehorning in policy changes.

What they may try to do is withhold the amount from your last salary payment and then it would be up to you to claw it back through whatever means you felt appropriate at the time.

Thats unfortunately one of my concerns.

In this specific case, the policy was changed and was circulated to the employees via email, however no one was asked to sign the new policy. In the past, when documents have been updated such as safety statements or similar, they would circulate the updated documents and ask employees to sign that they have read and understood the changes.

Regardless of that, I have stated that I do not agree with the request to pay for the course. Will see how it goes.

kennethsmyth

smilgy wrote: »

Thats unfortunately one of my concerns.

In this specific case, the policy was changed and was circulated to the employees via email, however no one was asked to sign the new policy. In the past, when documents have been updated such as safety statements or similar, they would circulate the updated documents and ask employees to sign that they have read and understood the changes.

Regardless of that, I have stated that I do not agree with the request to pay for the course. Will see how it goes.

Then they need to prove you read the email at minimum.

If they try to withhold on final wage cost inform them immediately that you will be taking a WRC case without delay and they had 7 days to pay in full otherwise you will proceed. Good chance WRC would give payment plus a fine/penalty