shamrock

Just a quick question, I'd appreciate any help or advice.

I've signed a study agreement with my employer that states I'll pay back 100% of my fees should I leave. I've handed my notice in only a few months after these fees have been paid. HR are now stating that they will deduct a whole months salary (basically I get paid nothing this month) using this form.

The study agreement had no terms and conditions stating when the fees should be paid back. I was hoping to make an agreement to pay back a certain amount each month but this was rejected.

Are my company allowed to deduct this whole amount and leave me with nothing to live on for the month using only the study agreement form ?

Thanks.

Dunk

iTrader: (1)

Yes, you agreed to it & then decided to leave !
Depending on your relaionship & history with the firm you might be able to negotiate a reduction or repayment over a longer time scale.
(Worth checking that you're picking up the net cost)

D

carl

Was there not a time limit involved? Usually these agreements involve paying back 11/12ths if you leave after 1 month, 10/12ths after 2, etc.

Presume you have another job to go to? What you should have done is used the fee thing as part of the negotiation, as in "I'd like to take this job, but there's this annoying fee payback thing -- any chance you can pay it off as part of my package?"

SiPie

.....which would lead to ..

.....sorry, but unfortunately there were other candidates more suitable for the position, thanks for applying

carl

Depends how much they want you. Obviously you wait until they've made an offer...

shamrock

Thanks for the advice all.

I'm just concerned that I've got no money to live on for the next few months as I will be studying full time. I thought that a company couldn't deduct all of your wage in one lump sum and not leave you anything to live on, I guess I was wrong.

Brendan Hughes

You can try using the implied term / trade and custom clause - that there was an implied term in the contract, as is usual/customary in your trade, that it would be paid back in instalments.

However, you need to really do your homework with this before you plead it, and make sure you know it IS a standard term in most similar contracts. And if you've already told them "I hope it's like this" rather than "I honestly believed it would be like this at the time of signing the contract", then you've already lost I'm afraid, as what's relevant is your view at the time of signing, not now.

The above is theoretical - in practice, they probably have you over a barrel.

Drunken Bungle Whore

You're pretty stuck TBH. Arguing your case properly would incur costs for solicitors and completely negate anything you may get back.


On the bright side - if they forget to deduct it from your final salary it's also pretty darned hard for them to get it back.

Your best bet is to take the whole of the payroll dept out the night before they run the payroll and get them utterly bladdered - it's a long shot, but it just might work....

Diablo

Gotta love threads like these.

You basically shaft your employer and then whinge when they take appropriate action to protect themselves