Repayment of education fees to employer?

scomposto

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I am in a position in work where my employer has been paying my fees for a 3rd level education course. Part of the agreement on them paying was that I should stay in employment with them for 2 years after completing the course (until Aug 2020) or I may be liable to pay back some or all of the fees incurred. They have paid the first 2 out of 3 years so far (2016/17 & 2017/18). 2018/19 is outstanding and up for payment now.


However, when my employer began paying for the course I was on a fixed term contract that was due to expire in 2018 – even though the agreement on repayment of the fees extended to Aug 2020. That original fixed term contract has now lapsed and I have been offered a permanent contract but have so far refused to sign it as it is not what I was expecting in terms of salary/benefits. It is still in negotiation and don’t know if or when it will be resolved to meet the terms I had originally expected (I am not asking for anything substantial other than the terms I was originally promised).


I am in a peculiar position now and was wondering where I stand – or where the best place to get advice would be?


If I was to leave the company of my own accord and change employer, would I be liable for repayment of the fees, as technically speaking I am no longer in contract with them. If my employment had been terminated along with the expiry of the contract (without me choosing to leave myself), they surely would not have been able to pursue me for the fees. Have they slipped up by paying my fees without my employment being secured through a permanent contract?


If it does turn out that I leave of my own accord and repay the fees out of my final payslip – would this be taken from gross or net pay?
 
To answer your last question first.

If your employer deducts the course fees it will be from your net salary.

Although most companies have these clauses around education support, I've not heard of anyone who had to repay them.

In any event, finishing your course is more important, so get that done and worry about clawback if that day comes.
 
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