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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 relocated with my work and they paid .

Resolved Question:

Hi, I relocated with my work and they paid for relocation. c£9k. This was in Feb this year. The policy states that if I move or leave within two years then I need to pay back on a sliding scale 0-6 months 100%, 6-12 months - 75% and so on until two years. I resigned earlier this month and work are now asking to recover the amount.
Do I have any recourse? I know that I have signed up to this however we have never recovered any relocation before (to my knowledge) and working in the HR team I also know of instances where we have waived recovery of other overpayments / advances (such as commission etc ) that otherwise would have / should have been recovered.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying that you are aware of examples of people leaving in the same circumstances and the employer not recovering the money?
Customer: replied 1 year ago.
Not from relocation. I do not believe that anyone else has left during the first two years of relocating. Whereas I am.I am aware however of people whom have had a different type of advance (commission) for example where the employer has not sought to recover that overpayment when someone has resigned. Although our policy / contract of employment does permit such recovery.
Expert:  taratill replied 1 year ago.
Ok it is a pity that there is no example of a relocation as it would make your position stronger. Contractually you are liable to repay unfortunately. You can argue that through custom and practice as they do not recover other overpayments you do not believe you are liable to pay and see what response you receive. It may just work!Ultimately if they decide to take legal action against you to recover you will be liable though so it is probably just worth paying if they do decide to pursue. 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.
Expert:  taratill replied 1 year ago.
Hello do you have any further questions about this?
Customer: replied 1 year ago.
Yes, I have agreed a repayment term of twelve months with my employer starting from next year (when I will have left) - this means that they wont recover anything from my final salary. What recourse would they have if I reneged on any agreement - would it be through small claims court / county court or? I have not signed the repayment agreement yet - I am inclined to sign this prior to writing to them stating that I feel I am being treated unfairly as I know that when there has been any other form of advance (commission advance) for example paid that they do not recover and therefore feel that custom and practice would be that this recovery of the relocation is not in line with how others have been treated. Otherwise my concern is that they will recover all of my final pay - what are your thoughts on this and the above point?
Customer: replied 1 year ago.
The amount FYI is £5600 or so - repayable in 12 monthly instalments. It's a fair old sum - hence my issue
Expert:  taratill replied 1 year ago.
Hi sorry or the slight delay. Recourse would be in the County Court. They are being quite clever asking you to sign a repayment schedule as this would affectively confirm that you agree it is repayable. I would suggest an alternative would be to issue a grievance to say that you believe that it is in breach of contract (custom and practice ) to recoup the money for the reason you have given. The risk is that they may take it from your final salary in the event that the contract allows this to happen.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, thanks for your help and advice

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