Deduction of wages and breach of contract

[AJG101]

Hi guys

 

This is my first post so I hope I do it right.

 

I have recently changed job and my previous employer has deducted nearly a thousand pounds from my wages to cover training that I have had in the last year. I have changed jobs within the last 10 weeks.

 

My previous employer has a clause in the contract that they can make deductions for training if I leave within 12months of the training being completed. I completely acknowledge this.

 

Here is my question, sort of!

 

I have asked my previous employer to pay me back. The reason for this is that I do not believe that my contract was ever valid. The contract was for a specific job title of mobile sales and service technician. In order to hold this, or any other role in the company, new staff must complete a compulsory training course leading to a City and Guilds qualification. The company is set up as a franchise so the franchisee has entered in to a contract with the franchisor which includes clauses to cover the training of staff. My employer refused to send me on this course for 4.5 years. I asked to be sent on the course over 10 times.

 

The course that he decided to send me on before I left was completely unrelated to the business model and was something he wanted to venture in to. It produced some results and the course made the company more profit than the course fees.

 

Whilst I was with the company, the employers son joined. He was sent on the compulsory course as soon as he started and I was still refused. I was the only employee of this company, out of 750+ in the network, not to have been given this training.

 

It was for this reason amongst others that I have changed job. I now have I higher position and a greater scale of pay. I know that I cannot quote constructive dismissal as I found another job before I handed my notice in.

 

How can I get the money back?

 

Do I need to go to Tribunal?

 

Many thanks in advance,

 

Andy.

[Emmzzi]

1. any problem with you not being trained was between the franchisor and the franchisee, as it was compulsory in their contract. They both seemed ok with you not being trained so no problem there.

 

2. if you didn't want to pay back the training fees for the new course you should have got an agreement to that before you went on it

 

my assumption: the clause is your contract is a "catch all" for all training, not just for one course; and covers a specific time frame eg within 1 year, 2 year.

 

Therefore you owe it. Well, you did owe it. You don't any more.

[AJG101]

Thanks for the reply.

 

I was just wondering about the position held. If, in the eyes of the company, I was never qualified to hold the position and therefore by their own admission should not have been doing the role, is the contract enforceable. After all, my contract referred to that compulsory training having been completed at signing.

 

Thanks again

[Emmzzi]

you kept turning up and they kept paying you. that's a contract....

[Sidewinder]

Unfortunately in working under the terms that they imposed, and without raising a grievance - even if you were not doing the job that you were employed to to - you would have accepted the contract and be bound by it's terms. That works on both sides and includes the fact that you did not hold the qualification stated as being required for the position.

 

Sad as it seems I cannot see that you have an argument to be repaid the money, nor do I think that an ET would agree with you.

[AJG101]

Thank you for the replies.

 

It's not the outcome I was after but I suppose I'll just have to put this down as a "lesson learned".

 

Thanks again.