Deduction for NEBOSH Cert by Employer

dro55y · Post by **dro55y** » Fri Jan 28, 2011 6:41 pm

Hi,

Can anyone tell me if an Employer is within their rights to seek reimbursement from an Employee for course fees for a NEBOSH Cert in the event that they leave their employment at a future date.
The Employer volunteered to support the cost of any courses relevant to the role from the outset and then asked for a letter to be signed stating that a charge may be made against the Employee if the left within 24 months.
Would this charge be legal under Section 9 HASAWA?

Post by **Alexis** » Fri Jan 28, 2011 6:53 pm

Hi dro55y. Welcome to HSfB.

I am assuming you are referring to this part dro55y:

"Duty not to charge employees for things done or provided pursuant to certain
specific requirements.
9. No employer shall levy or permit to be levied on any employee of his any charge in respect of
anything done or provided in pursuance of any specific requirement of the relevant statutory
provisions."

I am afraid your employer can do this. You did sign the agreement, which then becomes legally binding.

I have heard of some employers who become x-employers only taking a partial amount back or allowing a number of smaller payments.

Have a look at this dro55y. http://www.i-resign.com/uk/discussion/n ... asp?t=1355" onclick="window.open(this.href);return false;

Post by **bernicarey** » Fri Jan 28, 2011 7:14 pm

Hi dro55y and welcome

Alexis is quite right, as usual

, because the clause in the HSWA is aimed, as it states, at "relevant statutory provisions", which are things such as providing a medical, spectacles, PPE etc. Attending a NEBOSH course is not in that category; there is no law that specifies that particular training.
It would be a pretty poor deal if employers were faced with employees getting their courses paid for and then legging it off to a better job. It's often known as the 'amortization', i.e. getting back the value of the training (on a sliding scale if necessary).
So dependent on the cost of the training, it might be 6, 12, 24 months or even longer.

Berni

Post by **kevlarion** » Fri Jan 28, 2011 7:32 pm

I think your employer should do this... a bit of loyalty after they stump up the cash and time off to get a much sought after qualification is a reasonable thing to ask.

draiggoch · Post by **draiggoch** » Fri Jan 28, 2011 9:05 pm

My employer did this with me as well, didnt mind to be honest since they have to protect their own interests. If people kept leaving after finishing training with no comeback then the employers would stop investing in people.

Lisa_ · Post by **Lisa_** » Sat Jan 29, 2011 8:56 am

My company did this with me as well, I'm now past my 2 year handcuff period but felt it was only fair that I invested the time in them that they had me.

Post by **HelenPJ** » Sat Jan 29, 2011 9:19 am

Hi dro55y

One (big) question:

Are you leaving of your own free will or are you being laid off/"encouraged" to leave/other?

If you are resigning because you are moving on to another employer, using your new qualifications, then it is entirely reasonable for your "current" employer to get back all/some of the money they paid for your training - possibly on a sliding scale depending on how long you have worked for them (overall), how long you have worked for them after completing the course etc

You may be able to come to some arrangement to pay them back over a period of time, particularly if there are no hard feelings on either side (apart from the fact you are going, of course), so speak to your HR department as soon as possible about alternative methods of payment. However, the company may well feel that they wish to have certainty of receiving the monies they feel are due, so this might not be possible.

If you are being laid off/made redundant/or made to feel that you have little alternative but to leave (effectively constructive dismissal) then that is a different ball of wax, and the course fees might be consdered as part of the "settlement"/written off by the company due to the circumstances - it could be considered unreasonable for you to repay fees for a course the company put you on due to circumstances beyond your control

It depends on the circumstances individual to you.

And it may depend on any agreement you signed with regard to this course and/or any existing policies on employee training in either your contract of employment or employee handbook (or similar)

I would suggest you seek some advice on this - are you in a Trade Union?
You may be able to get some Free legal advice under terms of your home insurance, and there is/was (?) a scheme where some solicitors would give free legal advice on specific problems, so it's worth looking into...
Somewhere on the forums there is a link to a nationwide Free Legal Helpline but I can't find it at the mo (not very good at mornings

) despite posting it a while back

Hope this helps

Post by **Jack Kane** » Sat Jan 29, 2011 6:09 pm

Hey Dro55y, welcome to the forums

My company is also one with this system in place and I agree with it as well.

Ian Rienewerf · Post by **Ian Rienewerf** » Sun Jan 30, 2011 2:08 pm

My ex-employers had this clause for accedemic qualifications.

The production engineers who were on day release needed to pay back their course and enrollment fees,
but not the 1-day/week time off work.

I managed to leave with an ISO9001 internal auditor course - paid in full (none accedemic)

Peter111 · Post by **Peter111** » Sun Jan 30, 2011 5:15 pm

If the course is non-statutory they are within their rights if you have signed an agreement with them. However, enforcing the agreement would most probably have to go through a County Court with the resulting publicity of them pursuing an ex-employee. Signing an agreement and enforcing it are two completely different things.

On the other hand if an employer is good enough to give time off and pay for the NEBOSH NGC then an honourable man or woman would surely keep their side of the bargain, wouldn't they?

Post by **Keith1983** » Mon Jan 31, 2011 8:21 am

I left my last employer 18 months after they had put me through my NEBOSH Cert. I did feel a bit guilty that I hasd got the qualification and then left, but in my opinion they more than got their moneys worth out of me over that period and the fact that I left because I got no support from senioe management in my H&S role menat I didn't feel quite so bad! I have heard on the grapevine though that they will be making arrangements with future employees who seek H&S quals to make them pay if they leave withinb a certain time.