Need some help.

[hammerman]

Ok...posted this before but wife is adamant i ask again.

She became a manager of a residential care home about a year ago. In order for her to become a REGISTERED manager, which she now is, she needed to complete a course which would give her something like an NVQ5 in social care.

The owners of the care home agreed to fund this at a cost of around £2,800 providing that if she leaves within 2 years from COMPLETION of the course, she would have to pay the money back.

A bit of paper which basically said the above was signed by both parties...it wasn't done legally nor on headed paper etc etc...just a plain bit of paper say "i agree that if i leave within 2 years, i will pay the sum of £2,800 back

Now things at this home have become a bit intolerable....my wife only gets £19k a year despite being a registered manager and have a serious amount of responsibility.

She's looking for another job but many people she's spoken to seem to think that this agreement isn't legally binding because she needed the certificate to do her job. My wife also thinks that if she left, the company have to pay her her final months salary and they can't use it as part payment for this course (i say they are fully entitled to take it)

Please help

HM

[tonywiltshire]

Part 11 of the employment rights act 1996 protects employees from unauthorised deductions from wages. It does not apply where the deduction is made under a provision in the workers contract, where the employee has consented in writing or where the deduction is made as an overpayment of expenses, any of which the employer may claim applies, and an Employment tribunal may decide.
If the “piece of paper” that you describe is an express condition in the contract of employment probably only an Employment Tribunal can decide.

Your wife was aware she has to repay the cost of registration if she leaves within two years of completion and her employers may not decide to take action if she does not. She can stay for two years and then resign, or risk action.
I hope my reply beats that of Builders Mate who may have good advice and sensible comments to make.

[tonyav]

Hammerman, might pay you to perhaps ask at Citizens Advice about this.

[boxtops]

tony's reply makes sense to me. In my line of work, employers often ask employees to sign something like that - the reason being, why should employer 1 fork out several thousand pounds for a required NVQ, only to find that the person uses the qualification to go and find a better job, for the benefit of another employer. Some employers in fact say that because that level of NVQ is a requirement of the job, the employee has to contribute, or doesn't receive the full grade salary until they have attained that qualification.
It's dodgy ground IMO and it really does depend what the training clauses are in her her contract of employment.
There is a school of thought which thinks this isn't legally binding but I understand it has been challenged and the employer won.
http://www.justanswer...g-pay-back-fee-s.html
However - I really think your wife ought to contact someone impartial like ACAS about this - which is free http://www.acas.org.u...x.aspx?articleid=1390
The accepted answer on this link is quite helpful

[boxtops]

^ Sorry, the first link should come after the line saying "accepted answer" - I don't know what happened there!

[HowardKennitby]

Why did the employer fund the training? Who suggested that course of action?
Clawback of training costs are not uncommon but usually they would a permanent part of the terms and conditions.

[HowardKennitby]

^

... would be a...

[Mosaic]

it's normal practice to want to have some benefit from courses employees are sent on - or for course costs to be paid back if the employee leaves within a set time-frame.
But it's normal for the course costs to be recovered separately from wages ie agree to pay back X amount a month.
If your wife is in any doubt about the honesty of the company, then she needs to think and act defensively. Are wages paid a month or two weeks behind? What length of notice does it stipulate in her contract? Marrying these together might indicate it worth deciding when to leave and having a sick note for the last couple of weeks.
Not honest, but exploiting workers is not honest either.

[EDDIE51]

Is there any chance a new employer would fund the cost of the course ? You can only ask. If not (and probably it will be not) can she get another job at a pay rate which justifies paying back the course fee to leave?
Care homes are notorious for poor pay , I have worked in one , I know several people who are still in senior positions in care homes, the pay is very poor.

[DTCwordfan]

My point too ^ but ask after she has tied down the new salary.......be aware tax will probably be payable on this.....I would check that out too.

[upsetspouse]

from experience the company is entitled to the money back

[buildersmate]

This is what I had to say on the matter last time so what's the point of asking it again?
http://www.theanswerb.../Question1101730.html
Nothing has changed. It doesn't matter how many times you ask the same question, you get the same answer from those that know what they are talking about.

[Mosaic]

Coo, Builder - HM said in his first line why he posted again. Have a heart, they're obviously facing a tough time.