Can employer claim back expenses paid to me?

[woodn]

Hi posting for a friend.

She joined a new company in December and part of her role meant she had to be a member of an accounting body (she recently qualified). The firm paid her professional fees.

She struggled badly from anxiety at the job and quit in early Feb. They have now emailed her to tell her they will deduct the fees they reimbursed her from her paycheque.

Her contract mentions nothing about paying professional fees but in negotiations when accepting the job they said they do pay all professional fees (the whole department needs to be qualified).

Does she have a leg to stand on?

Has she got anything in writing to this effect? What about the company handbook or policies? If it's in there but was only a verbal agreement they would pay her memberships subs then she doesn't have a leg to stand on. Has she served notice? Is she signed off by the doctor?

I am in no way legally qualified but common sense tells me that even if the contract specified paying her professional fees I don’t think it’s unreasonable of them to claw them back if she quits during any trial or probationary period.

Deductions cannot legally be made from wages without the employees agreement.
If it's a legitimate debt then she can offer to repay gradually (e.g. £5 per month)
The onus is on the employer to prove that it is a legitimate debt. They should have something in writing that she signed agreeing that this refund was conditional on her staying employed by them for X years.

If they don't pay final month of salary in full, she should lodge a case at the Small Claims court for unreasonable witholding for wages due.

If she was still in her probationary period I would expect them to take the money back. Otherwise she's just got £1k fees paid for the year but barely worked there.

It doesn't matter what you expect or think the situation should be morally - it depends what was documented hence all of my questions.

She was not in any probationary period, it was one month so finished in early Jan.

She is not signed off by the doctor, she is instead in counselling and working in the family business until she figures things out.

Her contract only states that they would pay her fees. No clawback clause.

Fees are due on one date but cover you for the year. So I would think its only fair if the contract says they will pay them it only costs them the amount allocated to the weeks she worked there.

Sorry just got some clarity.

Paying her professional fees was not mentioned in her contract in any way. However she emailed them before joining to ask if they do pay them and they confirmed. They did not say it could be clawed back, just that they would pay it.

I think they can not take back these fees. I had in my contract they would take back study fees if I left within x months but if the contract does not specifically state that then they can not legally take it out of her final salary.

Who said it was 1k?

Echo what someone else said - what you expect is irrelevant. If this isn't documented as part of the contract I would demand full payment and lodge a claim as previously stated if this was not paid. This is the cost of doing business for the employer. Maybe if they supported her better through her first couple of months she may not have left in the first place.

She should write to them with a printed copy of the email and any contract, etc she signed with them stating that nowhere is there any mention of clawing back the membership fees if she leaves, that deducting the monies from her final salary payment will be an unlawful deduction and she will take legal action to recover the amount of any deduction. She should give them a period in which to reply with their evidence that they can claw back the monies.

Coriander if the employer has failed to document things properly then that's their look out.

I'd expect to pay the money back, she was in the job for two months and probably has had a years fees paid. It might be worth approaching the professional body and seeing if they will refund for the rest of the year.

Unlawful deduction from wages
If there’s nothing documented allowing them to do it.
Like pp, what’s morally right or wrong matters not one jot

Basically what wowfudge & Talax said.

I've just helped a new employee write a letter to their previous employer who were trying to unlawfully deduct money from their final wages for training fees. They had to back down.

As an update, friend took advice and explained it would be unlawful. They have agreed not to deduct anything! Win.

That's great news for your friend and thanks for the update.

It's very often in the contract that any training fees etc have to be paid back if you leave before a certain period
Fair enough really. She needs to check the contract that was signed.

1. it was professional membership fees which were the subject of a potential claw back by the employer and 2. they have now agreed not to do so as it would have been unlawful due to their failure to document, etc.