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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, Im hoping you can advise me on the following issue

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I'm hoping you can advise me on the following issue I have below.
I started working for a new company on June 16th I was on probation for three months, but decided after a few weeks that the position within this company was just not right for me and handed my notice in giving 2 weeks notice from the 20th August still leaving me in my probationary period. The two weeks notice I gave was planned annual leave and I was aware that the majority of this would be unpaid as I haven't worked long enough with the company to accrue paid holiday.
When I signed my contract I was aware that I would have to pay back training cost if I left within one years of receiving any training, due to amendments in my contract on Friday 20th June a week after I started I had to had my contract in to my line manager and have not had this back since I have made three requests for my contract back but with no luck.
The week I left I contacted my employer to find out what I training I would be charged for, how much the total was and how would I pay it back, I asked for it to be put in writing. They did not put this in writing, I was only aware what I had been paid the day of pay day when I checked my account and was paid £118 for 3 weeks work they had taken £1700 straight form my wages with no warning and still no break down for exactly what I have paid for. The day after Pay Day I was contacted by text to tell me what I was going to be paid. I followed the text up by again asking for my contract, p45, wage slip and a break down of training cost, I received through the post several days later my p45 and wage slip but no contact and no break down of what I had been charged for.
Please could you advise whether or not this the correct procedure for deduction of training costs? As you can image £118 with no warning has left us in financial difficulties for the month. I'm due to start work again tomorrow in full time employment.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. If your contract had a clause allowing your employer to deduct training costs direct from your wages then they can do that without warning and take the money straight from there. The key is that there was a written clause which allowed them to do so. I am not sure if you are aware of the existence of such a clause and without the contract to refer to it may be difficult but that is what you need to check. You should have also been issued with a pay slip to include the breakdown of any deductions from your pay. If no such clause existed the employer cannot legally make such deductions without your consent and they would have had to rely on you paying these back separately, or if you refused to then they could have made a claim against you to try and recover these. As to trying to get a copy of your contract you can contact them and advise them that you are making a subject access request under the Data Protection Act and they would have 40 days to comply
Ben Jones : Hope this clarifies your position?
Customer: Thank you for you advise. If there isn't a written clause in my contract what would you advise I do next. I did get a payslip after I'd been payed with total deductions but not a breakdown of training costs and does in matter that I was in my probation period
Ben Jones : It does not matter if you were still on probation unless the repayment liability only kicked in after your probation. If thee was mo such clause then technically this would amount to unlawful deduction of wages which you can pursue them for to get the money back but if you still had to pay them back under contract they can then make a claim themselves to recover it so the outcome would be the same
Customer: Ok, thank you for your help
Ben Jones : You are welcome all the best
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