Contract of employment
Author
Discussion

Hodgson100

Original Poster:

2 posts

149 months

Friday 17th April 2020
quotequote all
Hi Everyone,
I am working for a franchised car dealer and the company have decided to impose new contracts of employment and in the new contract there is the following clause:

“From time to time the company may pay for you to attend training courses. In consideration of this, you agree that if your employment terminates after the company has incurred liability for the cost of you doing so you will be liable to repay some or all of the fees, expenses and other costs ( the costs) associated with such training courses “ It also goes on that they reserve the right to deduct the alleged costs from your wage.

My objections are the following:
1/ The company is targeted for training hours by the vehicle manufacturer and bonus payments are made to the franchise on attainment of these targets ( I have documents to prove this) so the company could charge me for costs that are not incurred. Furthermore, if the company did incur any training costs, they can be written off against tax payments according to the HMRC website.
2/In the contract there were NO details of how many courses you have to attend and NO specification of the costs of the course so how can an employee sign an agreement to pay for something when they have no idea of the cost? How can this contract be fair?
Can this contract be legally enforced?
Thanks

Terminator X

19,500 posts

227 months

Friday 17th April 2020
quotequote all
Contract is the Contract imho so either cross out what you don't like and sign or just don't sign it. Be careful too about just "carrying on" as that can be construed as acceptance of a new contract.

TX.

boxst

3,806 posts

168 months

Friday 17th April 2020
quotequote all
It used to be relatively normal in the old IT contracts I used to see. However, what is missing in this one is a duration. I expect ".... leaves within one year.. " or similar.

Hodgson100

Original Poster:

2 posts

149 months

Friday 17th April 2020
quotequote all
The reality for me is that we go on around 6 courses each and every year and we are being expected to sign a contract for unspecified costs in effect blank cheque to pay for " costs " that have not been incurred.

Jasandjules

71,939 posts

252 months

Friday 17th April 2020
quotequote all
That is a very vague and ambiguous clause.

If I have a Training course to be recovered I tend to draft the term to specify time frame and a ratcheted percentage.


808 Estate

2,569 posts

114 months

Friday 17th April 2020
quotequote all
At my last company, if you terminated employment within 2 years of a course, you were liable for a sliding percentage of costs.
if they terminated employment, they had to suck it up.