Leaving a company after

what legal right does an employer have if an employee leaves after they have paid for there class 2 licence ect? and the employee has signed a piece of paper say if he leave’s before the 2 years is up they have to pay the cost of the training? ect ect
the chaps been having a few problems with work since he got his licence.he only has him self to blame everyone said what they would be like if he signed it but went for it anyway :neutral_face:

Not a simple question as there’s many possible variations. If he’s working for a big company, they will be efficient enough to make sure that he has signed an authorisation to deduct from pay. This means that anything he owes can be deducted at source. Whilst this wont normally cover all the training costs, it’s common to have this on a sliding scale i.e the debt reduces at e.g £50 per month. So, assuming he now owes around £500 (a pure guess of course) then he could find that this is stopped from his final pay. As this final pay will include any accrued holiday pay then it is feasable to expect this to cover it. But, eg, if he’s only been in post a short while he may not have holiday pay “in the kitty”. Deductions can only be made with a written consent from the driver. From cases I know, it’s virtually unheard of for a past employer to chase up a debt once the person has left.

If he’s working for a small outfit then the legal agreement may not be in place. But he shouldn’t be surprised if he finds himself blacklisted in the area.

Like I say, impossible to give a full and exhaustive answer due to the number of variables but hope this helps. Pete :laughing: :laughing:

The letter he signed which I’ve seen is vague so to speak
Just says that he agrees to stay but if he leaves in the 1st year he pays 100% back if he
Leaves in the 2nd year 50% 3rd year 0% and was printed on depot
Headed paper…

TheFan46:
The letter he signed which I’ve seen is vague so to speak
Just says that he agrees to stay but if he leaves in the 1st year he pays 100% back if he
Leaves in the 2nd year 50% 3rd year 0% and was printed on depot
Headed paper…

If he has signed to that effect, the company would legally be entitled to deduct pay or failing that submit a claim for the monies against him in a local county court then he would get a CCJ if he failed to pay it, However if he puts in writing that he will pay back such and such a month then I cannot see why they would go to them extreme’s might be a good idea to go speak to an employment Lawyer who gives the 30 mins free meeting to know exactly where he stands.

Good Luck

TheFan46:
The letter he signed which I’ve seen is vague so to speak
Just says that he agrees to stay but if he leaves in the 1st year he pays 100% back if he
Leaves in the 2nd year 50% 3rd year 0% and was printed on depot
Headed paper…

That doesn’t sound at all vague to me, and is a similar thing to which I signed when I did my class Three with the company in the 70’s

Wheel Nut:

TheFan46:
The letter he signed which I’ve seen is vague so to speak
Just says that he agrees to stay but if he leaves in the 1st year he pays 100% back if he
Leaves in the 2nd year 50% 3rd year 0% and was printed on depot
Headed paper…

That doesn’t sound at all vague to me, and is a similar thing to which I signed when I did my class Three with the company in the 70’s

When I say vague I mean it didn’t seem like a genuine contract more of a gentlemans agreement
I know his training was done under the radar without head office knowing because of the cut backs ect ect, just feel bad for him if he get’s made redundant that’s a diff matter…

with the company i work for i was offered my forklift liccence and it was in contract if i leave before 2 years after getting licence they would deducte it from final pay packet so i went out and paid for it myself

Oh been there
i got my psv cat 1 paid for by a company in hyde cheshire about 15 yrs ago after the first few months i found my self doing most of the nat express dupe work and got fed up with it and no tours at all so i explained the probs to them and that if things didnt change i would have no choice but to brake the contract and leave ( that put the ball in their court )i stuck it another 6 month and left lost a weeks pay about £200 but was well worth it lol took my hollidays first :wink: to find a good job …explained the situation at the interview and all went well …ended up doing tours and day excursions for years the tips made up for the £200 i lost .
best of luck to him :smiley:

The bloke got his license because the company paid for his training after he agreed to pay the money back if he left.

The three options he now has seem pretty clear to me:

  1. He stays.
  2. He leaves and pays the money back as he agreed before doing the training.
  3. He does the dirty on the company and looks for a way out without sticking to the agreement he has with the company.

As far as I can see unless the conditions of his employment have changed drastically in a way that was unforeseeable since getting his license there are only two of the options that a decent adult could consider and option three isn’t one of them.

i had simmilar contract at one place i worked at,they paid for my class2,had to pay back training costs if i left
i hated the place anyway,but the contracted stated if i left,so i got the sack ,bit extreme i know,but didnt have to pay any money back :smiley:

These sort of " contracts " are put in place to stop employees taking the training then moving on to better jobs ( not always better as the grass is greener and all that ) ,
we used to have the same thing at my previous company and used it as a loyalty program ,
IE we will paid for upto 3 tests ( all extra tests require a small input from yourself ) if you stay with us for 2 years no monies need to be repaid although should you wish to leave within this time then I only think it is fair that you pay back a percentage of the cost ,

It sounds fair to me - I signed one many years ago. Wouldn’t have wanted to leave anyway - they paid for my licence, and then gave me five years experience as well. What’s not to love? :slight_smile:

“he only has him self to blame everyone said what they would be like if he signed it but went for it anyway”
And that says it all, really, doesn’t it? He knew what he was letting himself in for, and now has to pay the piper…

i would speak with the management saying your not happy and look for another job and come to some agreement on paying it back :smiley:

Cheers for the input allot of it sort of what he was expecting best thing for him I think is just try and ride it out

The main thing not to forget is that he has signed a contract to say that he will pay the cost of the training and test back ! but he has not signed to say that he will be exployted ie breaking tacho laws / speed limits
ect . or to do all the [zb]when other drivers get the cream . Respect works both ways they paid for his licence not his soul :slight_smile: