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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have just been dismissed by my employer during my probationary

Resolved Question:

I have just been dismissed by my employer during my probationary period (for a technical offence and not gross misconduct). I understand I have no rights other than payment of one week's notice. However they are also stating they will also reclaim the training costs from my next payroll payment which will leave me with no salary and probably an amount outstanding. Can an employer actually leave me devoid of any "living wage" or must they pay me at least something to live on? If so how much?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Does your contract state that a deduction of this nature may be made?

Customer:

i signed a declaration for the refund of training fees for the DEA course and thus i apparently agreed to" the company deducting all or part of the course fees from any final monies owed to you in the event of the termination of your emplyment"...i just thought they would not be allowed to leave me with nothing to live on "living wage" ?

taratill :

Does the cost of they are trying to deduct reflect the actual cost of the course?

Customer:

It is the same as what I was told in writing it would be when i started...ie £995 + vat inc city and guilds fee

taratill :

Hi I take your point about the 'living wage' but there is no legal right to this. If your contract states that this can be deducted if you are terminated then, sadly, the employer is entitled to do so if this reflects the real cost of of the course (you can ask for evidence of this).

Customer:

they are also telling me I will not be paid for commission sales made in September....this would of course help pay for this expense...i am guessing I am devoid of any rights while still on probation...it seems that way. The dismissal was way over top but the company is losing money badly and realises its mistake in employing so many people in May

Customer:

i can ask for evidence of 'real cost' of the course? In what way?

taratill :

The position on commission depends entirely on what your contract says.

Customer:

i belive it might be 'discetionary'....these people cover all the angles it seems

taratill :

You can ask them to show details from the course provider.

Customer:

ok great...i will try this. I have the HR manager email address..is it better to email or to put old fashioned pen to paper?

taratill :

Makes no difference at all.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Ok..so please advise best phrase to use....i will then copy and paste your words into my email

taratill :

I note that I need to repay the cost of the training course through a deduction from final salary. I have been advised to check that the amount deducted reflects the actual cost of the course. Please can you provide evidence of this.

Customer:

thank you

taratill :

No problem, please do remember to rate my answer and all the best for the future.

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