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Employer only paid me £400 for the month - what do I do?!?

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Comments

  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Zazen999 wrote: »
    If I was the employer and you did this to me; I'd be sending you an additional invoice to cover the cost of a temp to cover your notice period.

    And the weblink would be working with a copy of the procedures with a line about claiming back training costs if you leave within x months....but then again that would have been in there from day 1 [if it were me].

    Well you could send whatever invoice you liked. But to have a chance of actually getting any money you would need to show that you had suffered an actual loss and that you had taken all reasonable steps to minimise the loss. You would of course be saving the OP salary and employment overheads for that period so you would need to deduct that amount from your claim.

    Also, if your loss was considerable, it could be argued that you are not running you business in a very responsible way. After all the OP could just as easily have been off sick or even fallen under a bus!

    Just having your "rules" about claiming back training costs on a website would not be sufficient. This is one of a relatively few types of contract in English law that has to be in writing (another example is assignment of copyright).
  • SarEl wrote: »
    Notwithstanding the previous advice about the employer being able to counter-sue (as I told you at the time, it is rare, but it can and does happen), the law on the training deduction is very clear. Where a deduction for training is made, there must be a signed agreement in relation to the terms of the training and repayment of costs. No agreement, no deductios - it's an unlawful deduction.


    That's what I was hoping to hear! Do you have any links to appropriate sites where this may be taken as gospel? Would very much appreciate clarification on this standpoint...
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Uncertain wrote: »
    Well you could send whatever invoice you liked. But to have a chance of actually getting any money you would need to show that you had suffered an actual loss and that you had taken all reasonable steps to minimise the loss. You would of course be saving the OP salary and employment overheads for that period so you would need to deduct that amount from your claim.

    Also, if your loss was considerable, it could be argued that you are not running you business in a very responsible way. After all the OP could just as easily have been off sick or even fallen under a bus!

    Just having your "rules" about claiming back training costs on a website would not be sufficient. This is one of a relatively few types of contract in English law that has to be in writing (another example is assignment of copyright).

    Presumably if they have trained someone up at their expense and that person just doesn't turn up for work; getting someone in to cover would be justifiable?

    Of course, that would have been written into the original contract, if it were me :D
  • SarEl
    SarEl Posts: 5,683 Forumite
    timmay2606 wrote: »
    That's what I was hoping to hear! Do you have any links to appropriate sites where this may be taken as gospel? Would very much appreciate clarification on this standpoint...

    It is standard deductions from wages law Employment Rights Act 1996 Part II (ERA 1996 s.13 to ERA 1996 s.27). What are lawful deductions are set out - anything else must be subject to written agreement. But please do remember that this wasn't all I said - quantifiable losses can be sued for. Just because you don't think that there are any doesn't mean there aren't.
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