Need some urgent advice re: terminating employment and repayment of expenses please

Former Member

Hi guys,

I'm currently recruited in a managerial position with a major retail high street brand. They only took me on on a 12 month maternity leave cover contract. Since then, I have been offered a permanent position with them in a branch a 36 mile commute from my base store. I've declined this offer as the pay was only due to increase by £1,500 - leaving me with a deficit somewhere in the region of £3,000 a year in commuting costs.

Basically, when I was recruited I was sent away and put up in a hotel all expenses etc for 4 weeks to receive my managerial training. My contract stipulates that all training expenses are repayable 100% if you terminate employment within 6 months of start date; and 50% if terminated 6 months - 12 months from start date. I'n currently 8 months in, and considering my circumstances I've been looking around for alternative employment...

Fortunately, I've secured a more senior position with a rival company (picking up a 6 grand pay rise in the process which I'm obviously chuffed with) but my question(s) are:

- While my contract stipulates in clear English the terms of employment with regard to repayment of costs, the T&C's mention nothing regarding the situation where temporary contracts are concerned - which I must obviously be regarded as being on, regardless of any offers the company have made me. However, does the fact the company have made a permanent offer I have declined affect my legibility on this front?

&

- Two: is it worth questioning further with the company or just waiting to see what happens? I've already spoken to H.R. who didn't know the answer so forwarded me to my Regional Manager. He didn't know, and told me to speak to H.R. :yeees: Is it really worth persuing further and demanding to speak to the manager of H.R. to find a solid answer for this? The only reason for wanting to do so would be to not have to struggle due to a salary sacrifice (roughly £700) as I'd much prefer to pay using a credit card if I had incurred any such costs.

Has anyone been in a similiar position & could possibly shed some light? All input much appreciated, thanks guys.

Former Member

I think you'd need to contact Acas on 08457 47 47 47.

I rang them a few weeks ago with a similar issue and they were most helpful. They can advise you on case law e.t.c. and what sort of chance you'd have.

First things first though, they can't take money out of your bank. They can ask you, and you can refuse as it will be classed as a wage overpayment. Then the matter will either be dropped, or you'd have to goto tribunal, after that point I don't know.
You'd need a solicitor at this point.

Former Member

Try hassling the HR people enough and see if you can get a definitive answer, if you should end up having to repay the money then you should. However if you shouldn't have to, and they state that in writing, and in a signed letter, then you can cover yourself from them changing their minds further down the line.

Former Member

I'd ring ACAS first. If you go into a meeting with HR with some knowledge you're more likely to come away with what you want.

Former Member

Thanks for the advice, phoned ACAS today who were extremely helpful. Going to go through my contract & terms of employment with a fine tooth comb tomorrow. ACAS said if there was no specific nod towards temporary contracts and it purely stipulates permanent contracts, they wouldn't have a leg to stand on should I wish to take it to a tribunal (as much of a chore as that is - it's more the principle than anything else!)