Boss taking the p*** deductions for quitting

Pendrix

I'm handing in my notice and I'm on a probationary period with my job but in my contract it says my boss can deduct said amount from my wages if I fail to complete my probationary period. The amount is the same as a day's wages. Is he legally allowed to have this in the contract I signed and for that much? Is there a way out of this? Any help app. Thanks in advance.

getmore4less

What does the contract say?

Pendrix

It says "your employment may be terminated by you or the company on one weeks notice in writing at any time during or at the end of the probationary period ... Should you fail to pass or complete the probationary period, the company reserves the right to deduct from your pay the sum of £80 for administration and training provided in accordance with your contract of employment. This is an express written term for the purposes of Section 13 of the employment act 1996"

Didn't get any training as I was taken on because I didn't need training. They still put me on a probationary period, however.

marcarm

The time to query terms like this is before you sign the contract. Obviously you were happy to agree to the terms at the time, but now you want out you want to break the contract. Imagine if it were the other way round and your boss was trying to get out of something contractually agreed.

However saying that I'm not sure if it is enforceable and hopefully someone will be along to advise correctly soon.

Pendrix

Agreed, I should have read the big hefty contract fully before signing but I'm hoping there is still some way around it. Unfair Terms act maybe?

marcarm

IANAL but to me that seems unenforceable.

The company could then sack any employee before their probation period is up, keeping that £80 each time and then hiring someone new.

The term is also one sided, benefitting the company but there is nothing to say that you get anything for passing your probation.

But again do not take my word for it, wait for someone with proper knowledge to come in.

[Deleted User]

Have they actually physically said they intend to charge? "The contract" could just be a scaremongering device.

I once started for a company that charged for training as per it's contract, early days and well inside probation I realise it wasn't for me, I had a direct conversation with the company concerned who didn't pursue so it's worth having a chat about being greatly unsuited/unhappy/not making the grade in the role.

There is also the matter of the 2 year rule which could make any company probation terms a little of a red herring so I'm sure it could be contested if they do genuinely try and charge. Either way they seem very out of date to be attempting to make a very profit in this way before "probation" has even been passed so hopefully you are worrying over nothing.

getmore4less

Deleted%20User wrote: »

There is also the matter of the 2 year rule which could make any company probation terms a little of a red herring .

If contractual probation periods have specific contractual changes on completion they are very relevant.

getmore4less

Pendrix wrote: »

It says "your employment may be terminated by you or the company on one weeks notice in writing at any time during or at the end of the probationary period ... Should you fail to pass or complete the probationary period, the company reserves the right to deduct from your pay the sum of £80 for administration and training provided in accordance with your contract of employment. This is an express written term for the purposes of Section 13 of the employment act 1996"

Didn't get any training as I was taken on because I didn't need training. They still put me on a probationary period, however.

That is badly worded, do they mean 80 for admin + some for training or £80 total.

what else is there in the contract relevant to the highlighted bit.

As has been said I think you need the discussion on this to establish if you really need to investigate further action.

Pendrix

Deleted%20User wrote: »

Have they actually physically said they intend to charge? "The contract" could just be a scaremongering device.

Not yet, no.

Deleted%20User wrote: »

I once started for a company that charged for training as per it's contract, early days and well inside probation I realise it wasn't for me, I had a direct conversation with the company concerned who didn't pursue so it's worth having a chat about being greatly unsuited/unhappy/not making the grade in the role.

Thanks for the advice. Company changed hands and new managers kept me on but with new contract, with that probation period in their contract even though I'd been working for years at the company they bought-out.

Pendrix

getmore4less wrote: »

That is badly worded, do they mean 80 for admin + some for training or £80 total.

That's what I thought originally. Something I'll have to check with them.