Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Have they paid you any final amount at all? Also, did your apprenticeship agreement have a notice period at all?
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Many thanks for your patience. There is no specific time limit for issuing a P45 but it should be sent to HMRC as soon as possible after the last pay date, and be given to the employee as soon as possible thereafter. The specific law which provides the rules on issuing a P45 state that when an employee ceases employment, the employer must provide a P45 to that employee "on the day on which employment ceases or, if that is not practicable, without unreasonable delay".
The issue is that you cannot force the employer to issue the P45 and there are many instances where they simply refuse to do so. You cannot physically force them to provide this to you. Sadly there is no specific remedy in law if the employer fails to provide a P45. The employee would generally request a copy from HMRC. If the employer fails to file the P45 with HMRC, then the employer may be liable to penalties for failing to file P45. So the best argument you can take up to try and get that is to warn them that failure to issue you with a P45 would leave you with no other option but to report the matter to HMRC and they may then be liable for penalties as a result.
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Thanks do you have the specific clause about repayment please?
Thanks. The wording says ‘leave’ which suggests that this is done on your own accord. Also it is likely that a precedent would have been set from previous cases where no fees were pursued so it is unlikely that they can actually do this.
Does the contract state that they can deduct the training fees from your pay?
Ok so legally they can try and deduct the money from your wages which they have done. That does not mean that the deductions are fair or that they can make them but to start with they can make these deductions. The rest will need to be pursued separately, such as by them making a court claim against you. In the circumstances you cannot prevent them from making these deductions but you can challenge them over these and try to get back what you are due. As mentioned your argument would be that the clause only applies if you ‘leave’ and that would imply that it is a voluntary decision by you rather than as a result of the employer’s decision