Employment question.

[hammerman]

My wife has worked as a registered manager in a care home for 9 months. One of the criteria for registering as a manager is that she should have a diploma 5 in health and social care, leadership and management.

This was agreed by the care home that they would fund this exam...at a cost of around £2,500 BUT made my wife sign a declaration saying that she would have to pay back the money if she left the employment within 2 years of finnishing the course.

She is 3/4 of the way through now but the area manager of the home has suddenly turned on my wife and is putting her through hell. This is despite bringing the home back from ther brinks of despair and turning it into a nice, pleasant home for the elderly.

Now, due to this constant and unneccessary pressure, my wife has found another job which pays a lot more (she's only on £19k at the moment). However, someone has suggested to her that she may not have to pay this money back as it was a requirement for the post of manager.

What does everyone think ? The agreement was just a typed out sentance on a bit of A4 paper.

Any help is gratefully received.

[jackthehat]

You could argue that as she hasn't finished the course (the wording of the contract), she hasn't breached the contract.

I think you might need to scrutinise the wording closely just to be certain.

[HowardKennitby]

As far as I know these types of contract re training costs are normal. I know the local bus company does that with trainee drivers. A lot will depend on the actual wording of the paper she signed. I hope she has a copy.

[hammerman]

This is how the wording is done...on a piece of blank A4 paper

****** ***** residential care home

I, (my wife's name....surname spelt wrong) accept (care home owners name) offer to pay for my managers course at sussex downs college. I understand that if i should leave (owners name) employment within two years of completing the course, i will have to repay the full amount which is £2429.00

signed........... (my wife's name spelt wrong) Date.....

Witnessed.........(area manager signature but no job title) date.......

[buildersmate]

I don't see that your wife can use the 'unneccessary pressure' as a means to avoid the terms of the agreement - the means to resolving that is really through the grievance process - though I can understand why she might to find another route. Nor do I see that it is linked to the requirement of a manager.
I think if she wants to leave she is liable for the repayment, JtH's idea is innovative but equally could be argued is not the intent of the agreement - it is merely the definition of the date by which the agreement lapses.

By all means change the job, but be aware that the employer may send a letter claiming the fee back. On the other hand, they may let it rest. At that point you can decide to fight it (probably unwise due to legal costs) or seek a reduced payment.

[hammerman]

Thanks buildersmate. Not sure if she'll get this new job yet but this course is transferable and the new company might take it on and pay for it.

[buildersmate]

Yes, your suggestion is by far the best route. She can stress the value and usefulness that doing the course brings to the new job. Say she will do her best to mitigate the old employer making a claim back but see if they will underwrite the cost.

[boxtops]

This has been tested in the courts but I am not 100% sure of the latest answer. A lot of the employers we work with make their employers sign this sort of declaration (to try to stop them either wasting the course fee, or upping sticks for a better job once they have the qualification) but I'd always understood that it was more of a moral obligation that a legal one.

I'd suggest she asks someone like ACAS (which is on-line and free) or looks at sites like this one for precedents http://www.i-resign.c.../new_topic.asp?t=1355

One option we sometimes suggest is that we look at how long the person still has to go on a course (e.g. she's three-quarters through) and ask the new employer to pay the remaining 25% back to the employer who paid for it - after all, the paying employer has had the benefit of your wife's new knowledge for the time she's been studying.

[cathfromsaron]

let them try!

keep all evidence of an unfair dismissal/constructive dismissal nature and join a union at the new place!

they may have the right to keep the file of evidence they have funded however!

cath x

cath x

[buildersmate]

Wow. Rivetting stuff. And advice to join a union to boot.

[cathfromsaron]

just another thought, if the training is paid being paid for by staged payments and with these strings attached, the training company may not sign off any more units until the new employer agrees to fund her ...

good luck x

[tonywiltshire]

The difficulty of coming late to these questions is that sensible things will have been said and it is difficult to add something new, however I think duplication of thought may be helpful.
The express condition is that she pays back the cost of the training if she leaves within two years, an express condition is “The terms and provisions of a contract that the parties specifically deal with and agree upon” your wife has signed so she agreed at the time. She can argue she did not complete the course so does not have to pay but this could be seen as splitting hairs, it will all depend on what the current employer decides to do and how they go about doing it. If he decides the county court is the place to go and obtain a county court judgement against your wife, she can defend her decision there, they may decide not to bother taking any action.

[rowanwitch]

If the new employer want her enough they may be happy to buy out the fee repayment... it may be a small price to pay to get a good employee after all