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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47879
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Can my employer recharge me pay back of a relocation I

Resolved Question:

Can my employer recharge me for a pay back of a relocation
I was working in Wales for 2 years until Feb. 2016, I asked to be relocated to England. We agreed that the company would pay the hotel for the first 2 weeks, until I got a place to stay.
A month later a was offered a job in a different company witch I accepted. I gave a month notice to my present company. I got a letter saying they accept my resignation but they are charging me now the hotel expenses.
We never spoke about any refund when I asked for relocation and it is not written in any place.
Can the company charge me for the support they gave me by pay the hotel?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are they deducting these expenses from your pay?
Customer: replied 1 year ago.
They want to deduct it from my last salary
Expert:  Ben Jones replied 1 year ago.
Does your contract state that they can do that?
Customer: replied 1 year ago.
No. In no place is written anything saying that. Not even spoken at anytime
Expert:  Ben Jones replied 1 year ago.
If the employer tries to take this from your final salary, it would potentially 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:{C}· If it is legally allowed (e.g. to deduct tax);{C}· If it is to recover an earlier overpayment of wages made by the employer;{C}· If their contract specifically allows for the deductions to be made; or{C}· 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 and you can challenge this if necessary to try and recover the money taken. This is your basic legal position. I have more detailed advice for you in terms of the ways you can take the matter further if the money is deducted, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you5 stars
Expert:  Ben Jones replied 1 year ago.
Thank you. 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-tribunals2. 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: ***** ***** 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.
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