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Clawing back pay

(7 Posts)
OrangeFlower7 Thu 14-Feb-13 15:54:17

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?


flowery Thu 14-Feb-13 16:07:53

It will depend partly on what the contract says.

It is not lawful to pay less than minimum wage, but in theory if the contract is clear that a portion of the pay is based on completion of a project it might be possible to claim back some.

What does the contract say about pay? Is it clear that it is dependent on completion of the project?

OrangeFlower7 Thu 14-Feb-13 17:21:47

I think it is a standard 2 year contract from a university.

flowery Thu 14-Feb-13 19:10:04

That doesn't mean a lot to me I'm afraid! I don't know what's in a standard university contract.

I'm assuming this is for someone else not you?

Whoever it is needs to check their contract to see what it says about pay, and whether it says any of their pay is dependent on completion of the project.

OrangeFlower7 Fri 15-Feb-13 11:07:53

Thanks Flowery, yes I'll get him to do that and check it out, thanks for the help. I suppose it will say to complete projects as given by the manager or something like that. I'm not sure.

flowery Fri 15-Feb-13 12:58:24

It will probably say that as what he is supposed to do, yes. But in order to claw back any pay for non completion it would have to be very specific that that will happen.

OrangeFlower7 Wed 20-Feb-13 20:05:29

Thanks Flowery for your help, sorry I didn't reply sooner. I will ask him to check but i can't imagine it would state that. Thanks for your help.

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