Orlagh O'Neill is a Partner and Head of the Employment Team at Carson McDowell Solicitors in Belfast. She advises mainly employer clients on a wide range of employment issues and acts for some of Northern Ireland's largest employers. Her education clients include universities, regional colleges and a number of voluntary grammars. This year Chambers and Partners Guide to the Legal Profession ranked Orlagh as Band One for Education. She is a committee member and Chair of the Employment Lawyers Group of Northern Ireland, a member of both the UK and Irish Employment Law Groups (ELA and ELAI) and a regular speaker at annual employment law update conferences.
The HR Team is carrying out a contract review. Having been informed by Management that up-skilling employees is going to be one of the main areas of focus over the next couple of years, the HR team requires advice on recouping training costs. What are the considerations when drafting this type of clause?
Carson McDowell writes:
The HR Team is right to think about this issue when drafting the contracts of employment as any effort to recover monies for training when there is no contractual right to do so will fail. In fact, even if there is a clause in the contract of employment stating that training costs can be recouped, the clause may still be void for being a
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