Ok thanks. If the employer had introduced an agreement for them to be paid and not have to repay that money if they return to work when needed, they cannot change their mind like that afterwards. If they do and they start deducting that money from his pay, it would amount to an unlawful deduction of wages and h would be able to challenge them to recover what has been unfairly taken by them.
This would therefore potentially amount to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.
To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.
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. Before making the claim, ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also, there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.
Does this answer your query?