Employment Lawyers Can Answer Your Employment Law Questions
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.
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Can you please provide more details to your enquiry?
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.
Is there anything else I can help with today?
Yes, it unfortunately does. In that case, you will need to sign the repayment contract.
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).
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.
Yes, you will have no choice but to agree. No, it doesn't make any difference.
No problem. I am glad to help. Thank you for your enquiry today, please do not hesitate to contact us in future.
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