Here at Lincs Law Employment Solicitors, we often receive calls from clients who are leaving (or have left) their employment and their employer is now trying to recoup their training fees. I recently advised a client who was, unfortunatley, facing this situation with their employer. Please read on to find out how I assisted my client.
My Client’s Story
My client had worked hard for her employer for many years. To develop her skills and knowledge, she had agreed to attend training courses to obtain additional qualification(s). At the time, there was no mention of my client having to repay these fees should she leave the business in the future. There was also not a sufficiently clear and detailed term in her contract of employment (or anything else in writing) at this time detailing such obligation.
Given the above, my client therefore attended the training and, understandably, did not consider or worry about any associated costs at this time. However, when my client then decided to resign from her employment some months later, her employer informed her that the training fees would be deducted from her final salary payment. She was then informed she would need to pay any outstanding sum directly to the business.
With expenses and bills to pay, my client was understandably concerned about having to repay the training fees. It was at this time my client decided to contact us here at Lincs Law Employment Solicitors.
How Did I Assist My Client?
My client initially contacted us by entering her contact details on our website. I then contacted her via telephone for a free no-obligation initial enquiry. During our free initial telephone conversation, I was able to listen to her concerns and reassure her we could help.
I was then delighted my client booked in for a Fixed Fee Consultation with me. For more information about this service, please see here – https://lincslaw.co.uk/fees/employees/
During our Fixed Fee Consultation, I reviewed all documentation relevant to my client’s employment matter. This included her recent correspondence with her employer, her employer’s handbook, and her contract of employment.
During our meeting, we then spent time discussing the following together:
- The full background of my client’s situation;
- Her objectives – i.e., what she wanted to achieve;
- Any Employment Tribunal claims available now (or could be in the future) so she understood the strength of her position;
- An estimate of the value of her Employment Tribunal claims so she could make informed choices moving forward;
- All relevant time limits she needed to be aware of;
- The next steps she should take to put her in the best possible position;
- The funding options available moving forward, if she required my further assistance going forward.
Here at Lincs Law Employment Solicitors, whilst the cost of our Fixed Fee Consultation is completely fixed, the meeting itself is of unlimited duration. We therefore took as long as necessary to discuss the above in detail. This meant my client could take her time to fully understand my advice, consider her options and decide how she wanted to proceed.
During our Fixed Fee Consultation, I identified my client would have strong claims for Breach of Contract and Unlawful Deduction of Wages should her employer not pay her correctly (i.e., if they deducted monies for her training fees). This being as her employer did not have any legal basis to make such deductions and/or demands for repayment. We therefore discussed the Employment Tribunal process, how claims in the Employment Tribunal are valued, and the relevant time limits.
For more information about the law in respect of repaying training fees, please see here – https://lincslaw.co.uk/blog/can-my-employer-charge-me-for-my-training/
We also formulated an action plan moving forward to put my client in the best possible position. Particularly, we discussed the importance of raising her concerns and objecting to the above via a Formal Grievance. We also discussed the grievance process her employer should follow and I identified the key points to include within her Formal Grievance.
I also advised my client to submit a Subject Access Request to obtain important documentation from her employer. This being to protect her position and to gather evidence to support any future Employment Tribunal claims, as above. For more information about this, please see here- https://lincslaw.co.uk/blog/how-do-i-ask-my-employer-former-employer-for-information-about-me/
After the Fixed Fee Consultation, I also confirmed my advice in full and in writing. This ensured my client had a comprehensive record of our discussions.
My Client’s Review
I was delighted to assist my client with her employment matter. I was also very grateful to receive the following 5-star review:
“I recently had a conflict with my employer regarding wage deductions related to an incomplete course. Feeling that this was unreasonable, I decided to reach out to LincsLaw by submitting my details on their website. I was pleasantly surprised when I received a phone call back the very next day, followed by a consultation just two days later. During the consultation, I had the opportunity to present my documentation to Kate Key, who provided me with comprehensive advice on my options and how to proceed. Her informative guidance has given me the confidence to handle this situation independently, and I appreciate knowing that I can reach out to her if I need further assistance. Thanks to Kate, I no longer feel pressured by my current employer.”
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand that your employer/former employer trying to recoup your training fees can be a very worrying and concerning time. As specialist employment solicitors, we would be delighted to help you. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
For more information about the recoupment of training fees, please see our blog here – https://lincslaw.co.uk/blog/my-employer-wants-to-charge-me-for-my-training-what-should-i-do/
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Breach of Contract employment solicitor fixed cost employment law advice fixed fee consultation Kate Key lincs law employment solicitors specialist employment solicitor Subject Access Request Training fees unlawful deduction of wages