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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4795
Experience:  Owner at James Bruce Solicitors
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An employee joined me and needed to do a course costing me

Customer Question

An employee joined me and needed to do a course costing me £500 and the investment of a beauty machine which I’m tied into for 1 year contract. 7days later she told me she didn’t want to stay. She is working notice period but returning to her previous employer leaving me with a machine I cannot use bug with a finiacial outlay. I have deducted the £500 from her pay. She did not have a contract as of yet as she has only been with me under two weeks can I still deduct this training money?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m a employer/directed she was fully employed by my company. no I am not part of a union but I do have employer liability insurance
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I do t think so
Submitted: 14 days ago.
Category: Law
Expert:  james bruce replied 14 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 14 days ago.
Hi James,
Thank you. Can I deduct the training money from her wages?I have done so today as I am now financially invested to the machine for 1year I paid for her training, accomadation and travel expenses for her to not even switch the machine on and leave after only 7days. She is working a notice period of one month.
Customer: replied 14 days ago.
Hi James
I would prefer to message please
Expert:  james bruce replied 14 days ago.

Unfortunately, your error was not having a contract in place from the start outlining training, costs and the right to reclaim if they leave within a certain period of time.

Therefore deducting the money without a contract or without the employee permission will be an illegal deduction.

Customer: replied 14 days ago.
But you have 6 weeks to put a contract in place is this correct?
Expert:  james bruce replied 14 days ago.

Yes, But without a contract the deduction is illegal. You should have give. Her a contract at the very start if you wanted to rely restricted clauses.

Sorry, but if you make the deduction she can take action against you.

Customer: replied 14 days ago.
Ok thanks for the advice. Would it cost her to take legal action against me
Expert:  james bruce replied 14 days ago.

If she took a claim to court it would only be a small cost and that she can also include in her claim against you.

Expert:  james bruce replied 14 days ago.

If she takes you to an employment tribunal that is free, no cost to her.

Customer: replied 14 days ago.
Ok thank you.
How do I cancel my member membership with just ask please
Expert:  james bruce replied 14 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

you would need to contact customer service from your members area to cancel your membership.