I have read many of the articles about recovery of employers' training costs from employees who choose to leave. However, I am particularly keen to know what an employer's legal position is in this regard if the employee is dismissed as a result of gross misconduct.
Morag Macnair
2 Responses
Did you have an agreement?
Hello Morag – I think this will depend upon the wording of any claw back agreement, or specific terms in a contract of employment. Did you have one? Without some form of agreement, I think you would be on difficult ground to try and recover any training costs. If you do have an agreement which provides for reclamation obviously you will be on stronger territory – however, given the circumstances, you might have to balance the costs of chasing it against the actual costs of the training. Good luck.
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Hi Gail
Thanks for your response. I was interested to know whether a pre-signed agreement would put an employer in a similar position whether the employee chose to leave or was dismissed. From say you say, that is the case.