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Training clawback policy

I recently left my old company and had signed an agreement for repayment of the CIPD qualification that they paid for.


The clawback policy stated that if you left within 12 months of attaining the qualification, you would be liable for 100% of the cost. It would then reduce down on a sliding scale month by month during the second year.


I left after 13 months of attaining the qualification, therefore meaning I was liable for around 90% of the cost.


However, nothing has been taken from my final salary.


My question is, am I still liable for this considering my contract with them has now ended, can they chase me in the future for it? Or is it just poor processing on their part that means I no longer need to pay it back?


Any help/advice greatly appreciated.

  • Keith

    | 10516 Posts

    Chartered Fellow

    25 Jun, 2014 13:45

    You are still (in my view) liable, unless the wording was very specific about taking it from your final salary. However as they havent tried to enforce it they may well have forgotten/overlooked it. Lets hope no one from your old company reads these boards.
  • thank you, I will delete this thread now then
  • Steve Bridger

    | 7431 Posts

    Community Manager

    25 Jun, 2014 15:00

    Hi Lisa - welcome to the Communities.

    You're not able to remove a thread (at the moment).

    Please get in touch with me at s.bridger@cipd.co.uk if necessary.

  • David

    | 20815 Posts

    Chartered Member

    3 Jul, 2014 19:27

    Hi Lisa

    Best if you could give us the exact wording of the undertaking you signed.

    So far so good, for you - employer's haven't clawed back from final pay at all (they'd have needed to leave you at least with minimum wage, anyhow) and depending on the exact wording they *may* be able to enforce this as a civil debt, but that depends on (a) the debt compared with the legal costs of trying to enforce it (b) your ability to pay it in full or anything luke and (c) the likelihood of any court etc enforcing it.

    IMHO 90% clawback 13 months after attaining the qualification is rather too much - you could argue that the employer derived far more benefit from the course than a paltry 10% and therefore thart the clawback terms were unreasonable and did not reflect the financial realities.

    So, even if the ex employer tries it on to enforce the civil debt, I'd recommend opposing it for the above main reason and if needs be offer a proportion of the amount they claim (in small instalments, even) in 'full and final settlement.'

     

     

  • Steve Bridger

    | 7431 Posts

    Community Manager

    3 Jul, 2014 19:30

    ...and a lot of similar threads are grouped together if you search for clawback.
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