Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there for?
Was she specifically told she would lose her job if she did not pay?
If the employer did not have a specific term in her contract allowing them to take any money from her pay to cover such costs, they cannot just deduct the money from her wages. However, there is nothing stopping them from asking her to pay and hoping she agrees. If she does not and refuses, then there are a couple of options really – one is they can consider taking her to court to try and get the money off her, but they would need to prove that she was negligent, which could be difficult. The other is they could simply dismiss her because of her decision. Whilst generally an employer has to show they had a fair reason to dismiss and also must follow a fair procedure, those employees with less than 2 years’ service are not protected against unfair dismissal and can be dismissed for more or less any reason, as long as it is not discriminatory, which is not an issue here. So legally they can say – pay up or you will be dismissed and in order to save her job she may have to consider doing it. If she does not pay, assuming she accepts the risk of losing her job, the employer can only make her pay if they take her to court and win, which as mentioned may not be that easy as they have to show she was negligent in some way.
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