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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have recently finished working Recruitment Company.

Resolved Question:

I have recently finished working for a Recruitment Company. I have been there a year (11.5 Months). On my final wage, my MD took a deduction of £1,400 allocated as "Training Costs".
On starting my employment I did sign a training schedule however the location of place of work on that contract was located as out old offices (Kelvedon, Essex) and we are now based in London. - A decision that was made in a week and there was no alternative too. I have since received a salary increase and no revised contract.
In reference to the training costs, I also have no certificate or formal notice of completion. I do not feel as any training was delivered; or not to the value stated. There was a training schedule attached and this details the allocated time over 6 weeks to be completed, however this was not followed.
On confutation of this and me asking for - in my view - the illegal deduction of wages to be repaid he has declined. He is also refusing to pay my entitlement unused holiday. He is claiming that i breached my contract. It is stated that i have to give one weeks notice; and to this end i did. The Ops Director allowed me to leave after serving four days; however i did not get any formal notification of this; however I do have a witness in the form of a colleague.
I am wondering where I stand and what you think the best course of action may be? I calculate i am owed £1,750.
Any advice would be greatly received,
Yours,
Austin
Submitted: 11 months ago.
Category: Employment Law
Expert:  taratill replied 11 months ago.
Hello Austin, my name is***** am an employment lawyer and I am happy to help you today. Did it say anywhere on the training agreement or in your contract that money may be deducted for training costs? Have you asked them how they calculate the value of the training cost?
Customer: replied 11 months ago.
Hi Jenny,Thanks for you quick response.
Below is the excerpt from my training agreement that covers it; however as i said, in my view the contract and agreement are null and void due to the place of work and salary details being different without a re-newed contract?Repayment of Monies in Event of Termination
5.1 The total value of this agreement is £2,000 + VAT
5.2 In the event that your employment is terminated, either by you or by the Company on the grounds of misconduct or gross misconduct, within 18 months of your employment start date (“Relevant Date”) or at any time prior to the Relevant Date, the Company reserves the right to recover from you all or a proportion of the Fee and Salary on the basis of the scale set out below:
Duration of service at Time of Termination
0-6 months 6-9 months 9-12 months 12-15 months 15-18 months
Proportion of Fee repayable
100% 80% 60% 40% 20%
Proportion of Salary repayable
100% 80% 60% 40% 20%
5.3 You agree that the Company may deduct from your wages any sums due under sub-clause 6.1 above upon termination of your employment. If after such deduction there remains a balance payable to the Company you agree that you will pay the balance to the Company forthwith.
Expert:  taratill replied 11 months ago.
I assume that your employment has not been terminated on the grounds of misconduct or gross misconduct?
Customer: replied 11 months ago.
No. I have simply been offered another job with another company - closer to home.
Expert:  taratill replied 11 months ago.
Ok thanks , I'm not sure I understand your point about the change in contract, are you saying you were forced to resign because they moved your place of work?
Customer: replied 11 months ago.
No, we have been located in London for 3 months. However, to my understanding- the place of work in my contract is not correct and was never re-issued with another one for our new office address. In moving my place of work was decided and actioned in a week; and i was given no time to decline and or offer in writing of change of address or my options.
Expert:  taratill replied 11 months ago.
I'm afraid that I do not think that this renders the terms of your employment unenforceable, it was clearly not good HR practice but this would not render the terms of your employment void.Your employer has the contractual right to deduct this amount as you had signed the document and agreed that this was repayable. You can try to argue that the sum of money is excessive and does not reflect the value of the training you have received.The annual leave is a different matter, they have no right to deduct monies due to you for annual leave because you have left in 'breach of contract' (I understand you have not but even if you had there is no legal right to do this). They are in breach of the Working Time regulations and also the law on unlawful deductions from wages for doing this. You can raise early conciliation via ACAS in respect of both of these issues, they should repay the holiday pay and they can be asked to justify the amount they seek in terms of the training costs. Ultimately you can bring a claim in the Employment Tribunal if you do not get the required outcome. Is there anything further you would like to know?
Customer: replied 11 months ago.
In your experience what is the success rate and length that an employment tribunal may take ?
Expert:  taratill replied 11 months ago.
you will definitely be successful regarding the annual leave. It is more difficult to say with regards ***** ***** training costs. The Employment Tribunal turnaround is reasonably quick now. I would imagine 6 to 9 months for an issue of this nature. If you raise an issue with regards ***** ***** holiday pay with ACAS I think they are quite likely to pay it rather than face the expense and inconvenience of a tribunal claim. 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.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and 3 other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Thanks Jenny - Of course.
Expert:  taratill replied 11 months ago.
Thank you all the best.

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