Training expenses claw back

[H_K]

A friend of mine had a job linked to a training contract for professional exams.

Unfortunately, due to not passing all the exams, the employer exercised an option under the training contract to terminate the agreement (for my friend and others in the same boat).

They are going to pay his notice period, however mentioned that some, yet to be determined, training costs (for the professional exams) would be clawed back by being deducted from the notice period salary.

He is unsure of the wording of the training contract and whether it allows for this to happen, due to house moves, the contract cannot be found at present, though he is looking for it.

Given that they are the ones terminating his employment, as opposed to him wanting to leave, it seems very harsh that they are seeking to recoup their training costs.

Any thoughts on whether this is permissible? Additionally, if the training contract does allow for this, is it an enforceable clause, given that it seems so unfair?

Thanks in advance.

[55palfers]

Ask the employer for a copy of the contract?

[paintman]

Needs to go through his contract.
Appears there was a requirement to pass certain exams in order to get the necessary qualifications to continue the employment.
He's failed to do this so

H_K said:

Given that they are the ones terminating his employment, as opposed to him wanting to leave,

appears not to be relevant.

[Dicky Knee]

As already said, it depends on the contract. My education expenses were paid by my employer but only after successfully completing each module of the course. So I had to pay upfront and claim the cost once I had the transcript. There was also a clause to the effect that I would have to repay all the fees to the company if I resigned within 2 years of completion.

[Jasandjules]

You/s/he need to ask for a copy of the contract and invite them to clarify which terms they are exercising for the avoidance of all doubt.

THEN decide what to do.