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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44923
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter has just given notice of resignation

Customer Question

Hello,
My daughter has just given notice of resignation (31st July) after the workload she was under was just massive and it was affecting her health. She has given the requisite one month notice period and advised that that the remaining holiday due to her means that she will leave on the 18th August. (Calculation as per UK .gov web site). Her employer is now insisting that she pay for a first aid course and marketing course they sent her on (wasn't her request) last month. However there is nothing in her actual contract that states she would be liaible for the costs of attending such a course. Her contract refers to an Employee Handbook that she was never given when she joined. However no such handbook exists for this company. (One does exist for a subsidiary company, but it is not in the name of the company that she is employed by). I do not see how she can be liable for these course costs if it was not agreed either by contract or by mutual consent. Also can this company withhold payments due to her for her time and holiday that she is legally entitled to ?? Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 1 year ago.

18 months

Customer: replied 1 year ago.

In fact she started on 25th Nov 2013...

Customer: replied 1 year ago.

I have looked over the link at https://www.gov.uk/understanding-your-pay/deductions-from-your-pay and none of this seems to apply. Also she is owed expenses (mileage) for travel to and from these courses and the company has not yet paid these. Can they legally withdraw payment for these expenses ?

Customer: replied 1 year ago.

OK her employers have "just" created a handbook which can be seen in the attached link. It clearly shows that the handbook is actually for DSM and that they have just added a front sheet to make it appear as a St Francis Group handbook ! She was never given a copy on joining the company.

The following link has all her documentation inc contract, joining letter, probation letter etc.

http://1drv.ms/1IZ8sqx

Customer: replied 1 year ago.

And additionally here are the courses that the company is trying to claim back the costs from her ?

10th July - Fire Marshall course - £105.00
20-22nd July - First Aid Course - £265.00
27&28th July - In Design Course - £349.00

Expert:  Ben Jones replied 1 year ago.
If the employer wanted a right to make her liable for training costs then there should have been a clear agreement in place, which she was aware of and which detailed what costs she would have to repay and how. It is not possible for the employer to decide when she resigns that she would be liable for past training costs if she was not advised of this at the time and if no agreement to cover that was in place.
In terms of deducting any money for pay owed or holidays then doing so would likely amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
• If it is legally allowed (e.g. to deduct tax);
• If it is to recover an earlier overpayment of wages made by the employer;
• If their contract specifically allows for the deductions to be made; or
• If the employee has given their explicit written agreement for the deductions to be made.
If none of the above exemptions apply, the deductions will most likely be unlawful. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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