Relocation Package

kennyvinegar

Hello all

I recently started a new job, and as I had to relocate the new company offered to pay for my relocation, which they did.

A month or so into the job, I was offered another job, which was nearer my new home and a much better package, so I handed in my notice.

When my final salary slip came though a week or so after leaving, the relocation had been taken back. At no point was it mentioned to me that it would be deducted from my wages - there was nothing in the contract (despite me expecting it to be), and nothing was mentioned to me when relocation was initially being discussed.

So I queried it with the company - they said this was the fairest thing to do given that I'd left after only a few weeks and given the cost of recruiting etc etc...which I completely understand, but I don't think it's very fair on me as it wasn't in the contract, nor mentioned to me during my notice period.

Is it worth me pursuing and trying to get my money back or shall I just leave it? What rights do I have?

Thanks in advance.

InsideInsurance

They cannot deduct anything without prior agreement (normally in the form of a contract) unless it is their legal requirement to do so (ie taxes)

As to if it is worth pursuing? That is up to you and the amounts involved.

Idiophreak

kennyvinegar wrote: »

So I queried it with the company - they said this was the fairest thing to do given that I'd left after only a few weeks and given the cost of recruiting etc etc...which I completely understand, but I don't think it's very fair on me as it wasn't in the contract, nor mentioned to me during my notice period.

Is it worth me pursuing and trying to get my money back or shall I just leave it?

I'm no expert on the legal but and bobs, but I think you should just leave it. You've conducted yourself pretty poorly here...It's just not the "done thing" to accept a relocation package and then quit immediately...Let the money go, start your new job and move on.

Jarndyce

InsideInsurance wrote: »

They cannot deduct anything without prior agreement (normally in the form of a contract) unless it is their legal requirement to do so (ie taxes)

As to if it is worth pursuing? That is up to you and the amounts involved.

They have deducted it. So the issue is, what is the remedy. And the answer to that is to write pointing out that they had no authority to deduct the costs and to give them, say, 7 days to refund the money or you will go to a tribunal with an unlawful deductions claim.

You will, of course, get people on here giving you their views on the morality of what you are doing. I make no comment on that.

VfM4meplse

Idiophreak wrote: »

You've conducted yourself pretty poorly here...It's just not the "done thing" to accept a relocation package and then quit immediately...Let the money go, start your new job and move on.

Seconded.

Jarndyce wrote: »

You will, of course, get people on here giving you their views on the morality of what you are doing. I make no comment on that.

Because the OP is taking the p big time?

Jarndyce

VfM4meplse wrote: »

Seconded.

Because the OP is taking the p big time?

No, because I advise on legal matters and do not judge people based on a half-page summary of their lives.

Uncertain

kennyvinegar wrote: »

So I queried it with the company - they said this was the fairest thing to do given that I'd left after only a few weeks and given the cost of recruiting etc etc...which I completely understand, but I don't think it's very fair on me as it wasn't in the contract, nor mentioned to me during my notice period.

Is it worth me pursuing and trying to get my money back or shall I just leave it? What rights do I have?

As stated, you can make a simple claim for unlawful deduction via an employment tribunal. There is no fee.

Beware however that a contract doesn't have to be in writing to be valid. Based on what you say they would seem to have no valid defence but that doesn't mean they won't try and invent one!

Not that it would give them a right to make the deduction (two wrongs don't make a right) I presume you gave them the correct notice before leaving? If you worked more than a month then you must give one week's notice (or more if specified in your contract).

Did they also pay you for accrued holiday assuming you had not taken any? Roughly this is one day for each two weeks worked. If not you may as well add this to your claim.

kennyvinegar

Idiophreak wrote: »

I'm no expert on the legal but and bobs, but I think you should just leave it. You've conducted yourself pretty poorly here...It's just not the "done thing" to accept a relocation package and then quit immediately...Let the money go, start your new job and move on.

Whilst I like to thank you for your advice, I don't think you're within your right to say I've conducted myself 'poorly'. How do you know the full situation? Do you not think it's pretty poor of a professional outfit to do something that was not covered legally or even mention it in a letter or verbally before I left? It's not my fault I was looking for a job for a year and then got offered 2 jobs within a few weeks of each other. I handed in my notice, served the week and left. I'm sure I'm not the only person to have done this.

@VfM4meplse - Thanks for the abuse but I am not taking the p. I have merely asked for advice on a matter that had only gone so far as to ask the company why they took the money back when I wasn't told this would happen. I have stated that I expected this to be in the contract. As it wasn't, I thought I'd ask what I thought was a nice friendly forum for what they thought. It's a shame you felt to jump in with that comment straight away.

ohreally

kennyvinegar wrote: »

So I queried it with the company - they said this was the fairest thing

Who decides fair, the beneficiary? (whats fair about that given they appear pre-disposed towards fairness - irony alert)

Reptiles, fight this disgraceful, unlawful wage deduction.

Hammyman

kennyvinegar wrote: »

Whilst I like to thank you for your advice, I don't think you're within your right to say I've conducted myself 'poorly'. How do you know the full situation? Do you not think it's pretty poor of a professional outfit to do something that was not covered legally or even mention it in a letter or verbally before I left?

What they did pales in comparison with your outright abuse of their generosity.

Uncertain

Hammyman wrote: »

What they did pales in comparison with your outright abuse of their generosity.

Very easy to be high, mighty and moral with somebody else's money!

So where exactly would you draw the line? Presumably you don't think a relocation package (which, if they were able to stop it out of one month's pay wasn't exactly huge) deserves a lifetime commitment?

If the firm were concerned then they should have agreed the terms in advance. After all, if they were too restrictive the OP may have dcided not to take the job.

The simple fact is they didn't, the OP left and the firm have now acted illegally in deducting money from his pay.