Contract query
Discussion
Hi all
Asking for no1 son who has just turned 20.
He works for a roofing company and has done for the last 3 years. He was employed as an apprentice and completed his training,which the company paid for,last September.
The company have a clause in the contract that says he must pay back a certain percentage of his training costs on a sliding scale if he leaves within 2 years of his last exam(last sept) but have not specified what those costs are,just a percentage. He has also not been given an updated contract from apprentice to roofer as he cannot go out by himself as he has yet to pass his driving test. They also told him he would be expected to go job to job once he passes in his own car as they can’t insure him until he’s 25 or so. I have told him he can’t do that under a standard policy and would need a trade policy which would be hugely expensive. None of the driving conditions are in the contract,in fact it doesn’t even mention the word driving,that all come from his manager speaking to him.
So the question is as he is fed up of earning £6ph with his mates at Tesco on £8 for unskilled work is the cause in the contract enforceable? I have had a look through it and am unsure hence the question. My thought is they would have had to put a £ cost as well as a percentage as it was a fixed cost college course he went on so cost must have been known. Other thing is he was 16 when he signed it. I can remember going with him to read over t&c but can’t remember counter signing.
Anyway over to you!
Asking for no1 son who has just turned 20.
He works for a roofing company and has done for the last 3 years. He was employed as an apprentice and completed his training,which the company paid for,last September.
The company have a clause in the contract that says he must pay back a certain percentage of his training costs on a sliding scale if he leaves within 2 years of his last exam(last sept) but have not specified what those costs are,just a percentage. He has also not been given an updated contract from apprentice to roofer as he cannot go out by himself as he has yet to pass his driving test. They also told him he would be expected to go job to job once he passes in his own car as they can’t insure him until he’s 25 or so. I have told him he can’t do that under a standard policy and would need a trade policy which would be hugely expensive. None of the driving conditions are in the contract,in fact it doesn’t even mention the word driving,that all come from his manager speaking to him.
So the question is as he is fed up of earning £6ph with his mates at Tesco on £8 for unskilled work is the cause in the contract enforceable? I have had a look through it and am unsure hence the question. My thought is they would have had to put a £ cost as well as a percentage as it was a fixed cost college course he went on so cost must have been known. Other thing is he was 16 when he signed it. I can remember going with him to read over t&c but can’t remember counter signing.
Anyway over to you!
helmutlaang said:
Hi all
Asking for no1 son who has just turned 20.
He works for a roofing company and has done for the last 3 years. He was employed as an apprentice and completed his training,which the company paid for,last September.
The company have a clause in the contract that says he must pay back a certain percentage of his training costs on a sliding scale if he leaves within 2 years of his last exam(last sept) but have not specified what those costs are,just a percentage. He has also not been given an updated contract from apprentice to roofer as he cannot go out by himself as he has yet to pass his driving test. They also told him he would be expected to go job to job once he passes in his own car as they can’t insure him until he’s 25 or so. I have told him he can’t do that under a standard policy and would need a trade policy which would be hugely expensive. None of the driving conditions are in the contract,in fact it doesn’t even mention the word driving,that all come from his manager speaking to him.
So the question is as he is fed up of earning £6ph with his mates at Tesco on £8 for unskilled work is the cause in the contract enforceable? I have had a look through it and am unsure hence the question. My thought is they would have had to put a £ cost as well as a percentage as it was a fixed cost college course he went on so cost must have been known. Other thing is he was 16 when he signed it. I can remember going with him to read over t&c but can’t remember counter signing.
Anyway over to you!
Hi, awkward situation, I would suggest he asks... that might alert them that he isn’t happy and they may choose to do something about it. Asking for no1 son who has just turned 20.
He works for a roofing company and has done for the last 3 years. He was employed as an apprentice and completed his training,which the company paid for,last September.
The company have a clause in the contract that says he must pay back a certain percentage of his training costs on a sliding scale if he leaves within 2 years of his last exam(last sept) but have not specified what those costs are,just a percentage. He has also not been given an updated contract from apprentice to roofer as he cannot go out by himself as he has yet to pass his driving test. They also told him he would be expected to go job to job once he passes in his own car as they can’t insure him until he’s 25 or so. I have told him he can’t do that under a standard policy and would need a trade policy which would be hugely expensive. None of the driving conditions are in the contract,in fact it doesn’t even mention the word driving,that all come from his manager speaking to him.
So the question is as he is fed up of earning £6ph with his mates at Tesco on £8 for unskilled work is the cause in the contract enforceable? I have had a look through it and am unsure hence the question. My thought is they would have had to put a £ cost as well as a percentage as it was a fixed cost college course he went on so cost must have been known. Other thing is he was 16 when he signed it. I can remember going with him to read over t&c but can’t remember counter signing.
Anyway over to you!
Let’s say he has to pay back 50% of his cost on a sliding scale over the 2 years
£10,000 tuition, his end is £5,000, 24 months, is roughly 200 per month remaining - you are 10 months in, so 14 x 200 ... £ 2,800
Which I am guessing he hasn’t got.
Yes it is absolutely enforceable, no question, I have made these deductions when trainees leave, so yes.
However if he is a smart lad, he will find another job, who will pay these costs for him, as they are hiring a qualified person, for a fraction of the training cost...
Jasandjules said:
Gargamel said:
Yes it is absolutely enforceable, no question, I have made these deductions when trainees leave, so yes.
.
You think you can take a random unspecified in a contract amount ?.
What exact amount do you think they will be entitled to take and could have enforced in court?
I worked for a large multinational O&G company and this was common place; and the contracts all stated percentages as each person's training requirements would vary compared to their peers. This was always highlighted to joiners (we tended to have high turnover of entry-level engineers coming to us, getting training then leaving us to go work for smaller competitors who offered hugely inflated salaries) and all our competitors did the same.
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