Paying back course costs if not completed

[Lippitt]

Hi, after some advice for a situation please. Say a company decided to pay for an individual to undertake a years course in whatever, if for whatever reason the individual cannot complete the course, could the company demand the individual pay them the course fees back?

[Soovy]

Lippitt said:

Hi, after some advice for a situation please. Say a company decided to pay for an individual to undertake a years course in whatever, if for whatever reason the individual cannot complete the course, could the company demand the individual pay them the course fees back?

What does the employment contract say? Why can the employee you not complete the course?

If it says they can under those circumstances, then yes they can!!!!

[Lippitt]

Contract doesn't mention it. The person has developed quite severe depression and is off work because of it.

[Soovy]

Lippitt said:

Contract doesn't mention it. The person has developed quite severe depression and is off work because of it.

Anything agreed at the time?

[Lippitt]

Verbally, although with the added line of 'unless there are certain reasons why the course cannot be completed'
Nothing in writing.

[Soovy]

Lippitt said:

Verbally, although with the added line of 'unless there are certain reasons why the course cannot be completed'
Nothing in writing.

In a case of geunine sickness they're unlikely to try.

What were "the reasons"

[Lippitt]

Funnily enough they were never specified it was all very informal, over a coffee etc.
There is no doubt the sickness is genuine, although being mental health it is of course doubted by some...

[Eric Mc]

Did they know before they agreed to fund the course that the individual had mental health issues.

In this situation they are within their rights to ask for the money back. How much is involved?

[Lippitt]

No they didn't. Chose not to disclose due to stigma (rightly or wrongly) but I would note that the mental health issues were well under control when course was arranged. I think the fees are about £3.5k

[shed driver]

Off topic, but what would happen if a person was on a course, but failed it repeatedly? Could the employer seek repayment in those circumstances?

SD

[Eric Mc]

Lippitt said:

No they didn't. Chose not to disclose due to stigma (rightly or wrongly) but I would note that the mental health issues were well under control when course was arranged. I think the fees are about £3.5k

If I was the employer, I would be very inclined to ask for the money back as pertinent information was not given to them to enable them to assess the indibvidual's likelihood of completing the course. To some extent they may feel a bit copmpassionate but I expect their willingness to do this might be down to how much the course actuallu cost.

Also, because there was no formal agreement, that could put THEM on dodgy ground.

[TurricanII]

shed driver said:

Off topic, but what would happen if a person was on a course, but failed it repeatedly? Could the employer seek repayment in those circumstances?

SD

Not sure about that but at our place the first attempt at any exam/course is paid. Subsequent attempts are not. Targets for pay rises include passing a number of exams so the employee is encouraged to go for a resit at their own expense if necessary.