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MARTINT330
MARTINT330,
Category: Employment Law
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My employer paid for my training course, fully paid off and

Customer Question

Hi, my employer paid for my training course, fully paid off and I am now leaving. I haven’t signed any clawback agreement - can they deduct anything from my pay?
JA: Are you hourly or salaried? How many hours do you work each week?
Customer: Salaried
JA: Where are you located? Wage-and-hour laws vary by location.
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thats all
Submitted: 18 days ago.
Category: Employment Law
Expert:  MARTINT330 replied 18 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 18 days ago.

Your employer can only deduct money for training courses if you had an agreement and it was made in writing or in the contract. For example, during a training course, your employer can ask you to agree in writing to pay back fees when you leave within six months.

To give more context, by law, a deduction for training courses can only take someone's pay below the National Minimum Wage if they agreed to pay back costs and either:

  • chose to leave
  • were dismissed because of their conduct

In conclusion, if you haven't signed any agreement in relation to your training course, your employer should not deduct anything from your pay.

Expert:  MARTINT330 replied 18 days ago.

Is there anything else I can help with today?

Customer: replied 18 days ago.
Thanks so much for the fast reply. There is a Deduction clause in my contract -DEDUCTIONS
The Company reserves the right to make deductions from any sum otherwise payable to you by reason of your employment by the Company, including but not limited to:
To recover any loss incurred by the Company as a result of the advance payment for training or other purchases made on your behalf by the Company.This wouldn’t be enforceable would it?
Expert:  MARTINT330 replied 18 days ago.

In that case, if your employer is relying on a contract provision or written consent from you, then it would be enforceable.

Customer: replied 18 days ago.
Even though our usual process for all qualification or training courses with a high cost require clawback agreements on place?
Customer: replied 18 days ago.
In*
Customer: replied 18 days ago.
Previously an employee didn’t have to pay this back because it was mentioned that a clawback agreement wasn’t signed, though the deduction clause was in their contract
Expert:  MARTINT330 replied 18 days ago.

I see. If it is the usual process/policy in the company, then they should not deduct anything from your pay.

Customer: replied 18 days ago.
Okay thanks! And if they were to try and enforce the contract clause on its own without a clawback agreement in place and not following the company process, would I be able to request to go on Garden leave for the remainder of my notice?
Expert:  MARTINT330 replied 18 days ago.

Yes indeed.

Expert:  MARTINT330 replied 18 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.