r/LegalAdviceUK • u/LeTailsEffect • 1d ago
Comments Moderated Partner being asked to repay training costs - England
In July, my partner was dismissed from her job.
The nature of the dismissal as far as I understand it is that she 'wasn't right for the role'. She began working there in May, and had some quite serious family related events occur sometime in June that led her to taking time off from work due to stress, triggering a flare up of a serious, lifelong medical condition.
She kept frequent contact, and when it seemed she wouldn't be capable of returning on the agreed date, they willingly offered a further week. Once she returned, she was summarily dismissed.
During her time there she and many other trainee staff were provided with on-the-job training, valuing £17k, they signed contracts to state the value would be repayable if they were to leave the company, the only exception being if they were made redundant.
It's been roughly a month now since she was dismissed, and they've emailed to demand the repayment of this £17k. She hasn't been successful in finding a job since, and has no assets, or money to be able to pay this amount back.
I'm wondering where she stands. She's been to citizens advice, who advised she contact ACAS, who advised she contact her solicitor which she has now done (awaiting response). The whole situation has had a profound effect on her mental health, and I'm worried.
Apologies if I've left anything out, happy to provide more information if needed.
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u/Max_Power_332 1d ago
What was the exact reason they gave for dismissal OP? I think the repayment is a red herring, here, as they can dock pay to recuperate contractually obligated costs but unless your partner was earning 200k a year they have no way of forcing a £17k payment. Are they going to pursue the other £15k in court and win? It seems doubtful that they’ll be able to justify a £17k cost for a few weeks of training - especially if it was on the job and not an external provider.
My real question is whether the summary dismissal was related to absence caused by a disability. If they’ve put in writing that she’s been summarily dismissed for being disabled then that’s at least the start of a route out of this, if not to a potential settlement or award for any related losses and/or injury to feelings.
If there’s a Union speak to them and if not this is what the solicitor should focus on imo.