How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44869
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have been offered a retention allowance to stay with my

Customer Question

I have been offered a retention allowance to stay with my current employer, which is payable in 12 equal monthly installments. However, should I leave within 12 months I am to pay back 100% of the allowance and should I leave within 24 months, 50% of the allowance.
Currently the letter does not stipulate the repayment period, only that 100% and 50% are payable if I leave within the given periods. If I sign the retention allowance letter, does this mean that I am giving my employer the right to legally deduct the full amount of the retention allowance received from my final salary? Or would my employer need to agree a repayment schedule with me before legally deducting any amount from my final salary?
Many thanks,
Rema
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Does it specifically say it can be deducted from your pay?

Customer: replied 6 months ago.
No, it states:Please note this payment is subject to your agreement that, should you decide to leave the employment of... within a 2 year period following the office move, the following conditions will apply:
Within 12 months of the office move - 100% of the allowance to be reimbursed
Within 24 months of the office move - 50% of the allowance to be reimbursed
Expert:  Ben Jones replied 6 months ago.

To be able to deduct the amount from your wages the employer must either rely on a specific clause in your contract or have a prior written agreement through which you consent for that to happen.

If it is a contractual clause then it must be a "relevant provision", which means one that is set out in a written contract which has been given to the worker before the deduction was made. The contractual provision must make it clear that the deduction may be made from the worker's wages.

If they want to rely on a written agreement, the law states that "the worker has previously signified in writing his agreement or consent to the making of the deduction". Similarly, the written consent must make it clear that the deduction may be made from the worker's wages.

So in the circumstances it is unlikely that they will be able to deduct the amount from your ages, unless you specifically consent to it. Instead they can treat this as a civil debt and in the event of non-payment by you they could take it to court. Any repayment must also be reasonable so they cannot just ask you to pay it all in one lump sum if doing so will place you under financial strain.

This is your basic legal position. I have more detailed advice for you in terms of the right you have should they make the deductions from your wages anyway, 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

Expert:  Ben Jones replied 6 months ago.

My response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice