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Training / Learning Agreement

Discussion in 'Employment & HR' started by HR_sam, Jan 6, 2017.

  1. Employment Law Clinic

    Employment Law Clinic UKBF Ace Full Member - Verified Business

    Posts: 2,832 Likes: 1,374



    No Cyndy, I fully appreciate that this is someone who is seeking advice. But it’s already clearer this evening that he knew something about the agreement beforehand, and dare I observe, he appears to have deliberately withheld his signature on a document, the terms of which he seems to have understood & agreed to previously (but not mentioned previously). How much information slipped their mind in the opening post (while they are obviously not trying it on), I can’t say, but I can’t see how any useful advice can be offered, because nothing close to the facts are being offered.


    How could anyone tell the OP that the agreement is not enforceable if they appear to have understood it, agreed the fact that they would have to pay the money back? I simply can't see how anyone can say the agreement (a contract, albeit perhaps entered verbally) would be unenforceable at all. But the facts are not clear at all, because the OP wants to be vague about the details, and I'm not a clairvoyant. So personally I'm not capable of offering an opinion until facts are clearer, but I respect the opinions of others.


    Karl Limpert
     
    Posted: Jan 8, 2017 By: Employment Law Clinic Member since: Aug 10, 2009
    #21
  2. HR_sam

    HR_sam UKBF Newcomer Free Member

    Posts: 8 Likes: 0
    'Can the organisation still enforce payment if there is no signed contract or agreement?'

    This was my question?!

    It was/is an awful place to work, I knew when being handed the agreement that I didn't want to stay!
    I wasn't responsible for filing the agreement, my manager was responsible for making sure it was signed and returned to the correct area, they never asked for it back and I never gave it back!
     
    Posted: Jan 8, 2017 By: HR_sam Member since: Jan 6, 2017
    #22
  3. BustersDogs

    BustersDogs UKBF Ace Free Member

    Posts: 1,106 Likes: 204
    As an employer who has paid out for external training for her staff, I am very glad that Karl is giving an employee, on a forum for employers, a thorough grilling. Karl did my employee contracts which meant I was able to reclaim 50% of costs of a course when one of my staff left not long after doing it.

    Especially as the OP has also posted he didn't want to stay with the company and knew this within weeks of starting there, so deliberately didn't sign the extra agreement, but has no problem trying to find a way to make them pay for a course he wanted to do before he even joined that company.
     
    Posted: Jan 8, 2017 By: BustersDogs Member since: Jun 7, 2011
    #23
  4. Employment Law Clinic

    Employment Law Clinic UKBF Ace Full Member - Verified Business

    Posts: 2,832 Likes: 1,374
    Yes, of course it can. An agreement is binding when the agreement is made, be that in writing or verbally, so if you agreed that you would repay the fees if you left within a prescribed time after, that's a binding agreement.


    And how nice a place to work it is has no relevance on that.



    Karl Limpert
     
    Posted: Jan 8, 2017 By: Employment Law Clinic Member since: Aug 10, 2009
    #24
  5. kulture

    kulture UKBF Legend Staff Member

    Posts: 7,182 Likes: 1,945
    The fact that a contract was not signed does not invalidate it. It could be argued that the contract was given to you. You did nothing to object to it. You went on the course knowing about the contract and had not specifically said no to it. So a court may say that the contract stands.
     
    Posted: Jan 8, 2017 By: kulture Member since: Aug 11, 2007
    #25
  6. Employment Law Clinic

    Employment Law Clinic UKBF Ace Full Member - Verified Business

    Posts: 2,832 Likes: 1,374
    I didn’t really think I was giving the OP a grilling. It just seemed clear to me from the opening post that there was more to this than agreement given to go on a course, and retrospectively a clause presented requiring repayment; on those facts, I would have agreed with others, but reading between the lines, the OP clearly was holding some detail back – the rather important fact he knew & agreed that he’d have to repay the costs. Feigning shock that this was put in writing a month later really doesn’t help people trying to offer useful advice. If an OP can’t be honest & complete with the facts, it makes advising them so much more difficult though, and now some opinions on the enforceability are contradictory.


    I think this makes perfect sense, would be precisely how a case would go, and if the OP was in court trying to bluff their way through by trying to conceal their full knowledge, no judge would look upon their evidence favourably.

    Edit to add:

    This, to my mind, makes it absolutely clear the OP had full knowledge of, by inference had agreed to (though not in writing), the terms at the time they were presented. I don't know why others didn't think it relevant.


    Karl Limpert
     
    Last edited: Jan 8, 2017
    Posted: Jan 8, 2017 By: Employment Law Clinic Member since: Aug 10, 2009
    #26