To protect the employer`s investment in training, the worker must, if necessary, enter into a training contract. The worker contributes to the training costs when the worker leaves his or her job with the employer within two years of the end of the training. The training agreement is an important part of the ACA`s training, as it ensures that all ACA students achieve the highest quality and the highest level of training possible. The second thing to think about when implementing training agreements is the idea of “trade restriction.” As we have already said, training agreements are designed to protect businesses from losing their investments – but the law will not allow an employer to use them to unreasonably prevent someone from changing jobs. For example, if an employer sends someone on a course that costs the employer $2,000 and the worker leaves his or her job immediately after the end of the course, the employer has not benefited from his investment and could, through a duly drawn-in agreement, legally recover the $2,000. However, if the worker left his or her job after 3 years, then the employer clearly has the benefits of the training for 3 years, so that if they try to recover the $2000, that would be unenforceable, because it would not reflect the loss of the employer. It would probably not be applicable either, given that these are trade restrictions, and we will look at that below. However, if the agreement is properly developed, the employer can generally recover some of the costs of a magnitude that decreases over time, so that after one year after the price closes, for example, they must repay 50% and nothing after 2 years. The numbers on the sliding scale depend on the costs associated with them, and we can discuss them when developing agreements. You can control the length of your students` approved training.
This period must be at least two years (if any, as above) or a maximum of five years (unless the student is trained in a strategic degree or other program offered in partnership with an ICAEW learning partner). Before sending their team for training, many companies ask their employees to sign a training contract that is designed to reimburse investments in their training if they leave before a certain period of time. But if that employee stayed two years after the end of the course, using this training every day, then $2000 is not a reasonable estimate of the money that the company has really lost. In that case, it would not be wise to use a training agreement to recover the full $2,000 — and it is very likely that it would not be legally successful.