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taratill, Solicitor
Category: Employment Law
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Experience:  15 years experience of advising on employment law matters
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I am quitting my job after two years. The contract states that

Resolved Question:

I am quitting my job after two years. The contract states that if I live my job before 3 years of employment I have to return the relocation reimbursement I have been given. These amount to 14000 pounds so it is not a small amount of money. Can my employer really enforce this part of the contract? How can they if I am going back to the US?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Is there anything in the contract which states that the employer may deduct amounts from your final salary?
Customer: replied 1 year ago.

It does not say that, but they are going to do it. My last salary is around 5k so I will still owe 9k. I am actually fine with this, I am more concern about the extra 9k which I do not have.

Expert:  taratill replied 1 year ago.
Have they told you they will make the deduction and have you agreed to them doing so?
Customer: replied 1 year ago.

They have told me but I have not agreed (nor disagreed).

Expert:  taratill replied 1 year ago.
If your contract does not specifically allow for the reduction and you do not agree to it then a deduction of this sum will amount to an 'unlawful deduction from salary'. English law simply does not allow employers to deduct sums from salary without consent even if they are owed.
You can therefore if you wish bring a claim for unlawful deduction from salary if they go down this route.
Contractually you are obliged to repay this sum so theoretically the employer could attempt to recover the entire amount from you. As you will be returning to the US they may or may not bother to do this as it will be more complicated if you are based in the UK. It does not entirely prevent them from doing so though.
If they do you will end up with a County Court Judgement against your name. This may affect your ability to gain credit in the UK in the future.
As there is nothing in your contract to allow them to take the money perhaps you could use this as a negotiating tool to agree that you would leave without the threat of a claim to recover the rest of the money?
If you have any further questions please 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.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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