I have got rentintion in place for two years, where I have to pay back £5,206, as I might got another job and I will leave in less then 12 months

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Second, is there any other way, to come off this, as I the amount is too high, and I can't afforded because I have got two small kids, my wife doesn't work, plus I am paying off my mortgage and the reason for me to go for another job was financially i need more money, too much responsibility.

Can you please give me any advice ?

  • Welcome to Stack Exchange. However, please note that questions which require legal advice are off-topic here so it's likely this question will be closed. The only advice we can give you is to talk to a lawyer. – Philip Kendall Jun 29 at 11:13
  • 4
    You will need legal advice, this may be available for free in your country. Given the use of pound sign, I'll assume UK, for for that you can get free legal advice from places like citizensadvice and via lawworks (lawworks.org.uk/legal-advice-individuals) – Tymoteusz Paul Jun 29 at 12:00
  • Although I'm personally happy to learn about shady contract clauses and know which company (even non-profits) does it, it's generally better to redact the employer name. Can you please redact their name from the image? – Jeffrey Jun 30 at 12:56
  1. Acquire some legal advise to check if this contract clause is actually valid in your jurisdiction. It might not be, but we are not lawyers, so we can not provide you with legal advise.
  2. If your legal advise says the contract is bullet-proof, ask your new employer if they would be willing to "buy you free" and cover the killfee in your contract. I have heard of cases where companies actually did that when they really wanted to get a certain person. But this might of course come with other strings attached. So make sure you aren't just trading one golden cage for another.
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In a general sense they're allowed to do this:

As the law presently stands, it is lawful for an employer to recover training fees from an employee who leaves employment within a certain time period after they have attended a training session, provided that:-

  • There is a clear contractual provision in the employee’s contract of employment or in a separate written agreement where the employee has agreed to repay such training fees;

  • That the repayment sum is not considered to be a “penalty clause”. This would involve an assessment of whether the sum recoverable is out of all proportion to any legitimate interest of the employer. This will often involve consideration of whether the sum recoverable is “extravagant and unconscionable” in comparison with the greatest loss that could have been suffered by the employer as a result of the employee leaving employment following a training course;

  • In practice, provided an employer can fully justify the costs of the relevant training course and has a graduated reduction in the amount recoverable following completion of the course, an employee is unlikely to be able to establish that such provisions are a penalty clause. A typical clause in relation to the recovery of training fees may include provisions that 100% of the training costs shall be repaid if an employee leaves within 12 months of completing the training course, reducing to 50% recovery if an employee leaves between 12 – 18 months of completing the course and 25% if the employee leaves between 18 – 24 months after completion of the course.

However that doesn't mean you can't get out of it - some of the more extreme examples of this have been challenged and the company's have been known to back down, but it's unclear whether this would be the case for you - you'd need some legal advice on your situation and the agreements involved.

From conversations on the subject I'd had to with solicitors (and this is just conversation - not legal advice) they were of the opinion that training costs that were for external course fees (as opposed to in-house provided training) - as the company could be considered out of pocket for it, unlike the ones where the company is just pulling a figure out of the air for the value they say the training they gave you is worth.

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The clause looks legit and logical.

IMHO, you should get a legal advice.

Depending on sum you need to challenge, it may be too expensive for you to go that route.

Unless it was internal training. In that case you may be able to challenge the entire amount or part of it

Perhaps, you can reach some sort of agreement with your current employer and repay the amount on monthly basis during some period of time

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