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Employer reclaiming pay

(4 Posts)
OrangeFlower7 Tue 12-Feb-13 13:19:58

Hi, could an employer reclaim pay if a contract is ended and a project not finished, the project was due to finish in a few months but contract just until January. Employer is threatening to claim back ten months pay over this unless project handed in?

Thanks

OrangeFlower7 Wed 13-Feb-13 15:54:56

bump

CarrotsAreNotTheOnlyVegetables Thu 14-Feb-13 10:05:24

Was this an employment contract? Was there anything in the contract about being able to claw back like this? If not, take no notice, it is bluster. Even if there was such a clause in your contract, it would likely be held as unreasonable as you can't be expected to finish a project if they end your contract before the project end date.

If your employer tries to pay you less than your contracted pay it is unlawful deduction and you can bring a tribunal case to claim it back. To try to get back from you pay you have already received he would have to bring a small claims case, and he would be laughed out of court.

I am not an employment law specialist but have dealt with employment matters in the course of my job so have some knowledge.

You might like to post this in employment matters, you will get more employment law specialists there.

OrangeFlower7 Thu 14-Feb-13 15:52:17

Thanks Carrots.. no I don't think so, it was for a university, a two year fixed term contract. Apparently he is known for getting drunk and sending such threats. I think it's a bit much especially given that the contract ended already (in Jan) whereas the project finishes in March. At least, he should be payed until March then.

Glad to hear it seems to not be enforceable, we don't have it anyway. We're just trying to see if we can get some tax credits as he is going self employed. Thanks for the idea of posting in the employment section, I didn't notice that section. Thanks again

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