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MARTINT330
MARTINT330,
Category: Employment Law
Satisfied Customers: 1695
Experience:  Expert
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Need some contract advice...? HR, No, The employment

Customer Question

Hello
JA: Hi. How can I help?
Customer: Need some contract advice...?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The employment contract is issued in the United Arab Emirates, but states that it is governed by UK law.
Submitted: 15 days ago.
Category: Employment Law
Expert:  MARTINT330 replied 15 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 15 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 15 days ago.
Dont think so.
Customer: replied 15 days ago.
Ready when you are?
Expert:  MARTINT330 replied 15 days ago.

I'm not able to take calls at the moment, but the request will be open to other Experts to help you if you'll request a call. I am however available and happy to continue chatting on the platform.

Customer: replied 15 days ago.
Ok lets continue?
Expert:  MARTINT330 replied 15 days ago.

Can you please provide more details to your enquiry?

Expert:  MARTINT330 replied 15 days ago.

Yes, please.

Customer: replied 15 days ago.
Sure. I relocated with my Company (of 6 years) from the UK to Dubai (UAE). My employment contract states the following "This agreement will be governed by, construed, and enforced in accordance with the laws of the United Kingdom, regardless of asserted legal theory.". As part of the relocation package my Visa application, flights hotel, shipping costs were covered. In additional I was given a lump one years rental in advance via a 3rd party relocation specialist that my company uses.
Customer: replied 15 days ago.
2021 was paid in Jan. I was also given a lump sum for 2022 in Jan. My company has now requested me to repay the money and have "suggested" a repayment plan that takes about 30% of my salary per month and requested that IO agree and sign the repayment schedule which also stipulates that they can pursue claw-back even after I leave the company for whatever reason...
Customer: replied 15 days ago.
Given that my contract does not state anywhere that the housing was to be repaid do I need to agree to pay my company and should I sign the repayment contract?
Customer: replied 15 days ago.
PS a housing allowance is standard for international companies hiring expats in Dubai.
Expert:  MARTINT330 replied 15 days ago.

I see. Yes, you don't have to agree to pay and you do not have to sign the repayment contract especially when your employment contract did not state any clause that specifically refers to a repayment concerning the package.

Section 13 of the Employment Rights Act 1996 makes it unlawful for an employer to make deductions from your wages unless you have been given prior written consent, or a relevant provision exists to this effect in the employment contract.

Therefore, if there will be repayments, it should include a clause in your contracts of employment stating that your employer has the right to make deductions from your salary for various purposes including the repayment of an outstanding package.

Expert:  MARTINT330 replied 15 days ago.

Is there anything else I can help with today?

Customer: replied 15 days ago.
My contract does contain the following clause "The Company may deduct from salary or other payments due to you any sums owed by you to the Company." - does this have any bearing?
Expert:  MARTINT330 replied 15 days ago.

Yes, it unfortunately does. In that case, you will need to sign the repayment contract.

Customer: replied 15 days ago.
What recourse would my employer have if I were to resign?
Expert:  MARTINT330 replied 15 days ago.

They can still ask you to pay the money you owe them. If you will not pay, they can ask the court bailiffs (enforcement agents) or you might be served with County Court Judgment (CCJ).

Customer: replied 15 days ago.
When you leave a job, your employer can only ask you to pay back money if it's for something you've specifically agreed to in writing. Even if you do owe your employer money, they can only take it from your pay if there's a written agreement to say they can. - I got this from the Citizens advance Bureau UK. There is no written agreement to repay housing allowance.
Expert:  MARTINT330 replied 15 days ago.

Yes, you stated earlier that:

"My contract does contain the following clause "The Company may deduct from salary or other payments due to you any sums owed by you to the Company."


There is no written agreement to repay the housing allowance but your employer can still ask you to pay back the money especially since your contract of employment stated the above clause.

Customer: replied 15 days ago.
it sounds like I will need to get them to agree to waive the amount or make repayment? Does it make any difference that the funds came via a 3rd party company?
Expert:  MARTINT330 replied 15 days ago.

Yes, you will have no choice but to agree. No, it doesn't make any difference.

Customer: replied 15 days ago.
Ok thank you
Expert:  MARTINT330 replied 15 days ago.

No problem. I am glad to help. Thank you for your enquiry today, please do not hesitate to contact us in future.

Expert:  MARTINT330 replied 15 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.