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Original poster

Resigned and work have deducted wages

10 replies

Dalrympy · 09/12/2023 21:25

I was hoping for some advice.

I work(ed) for a medium sized company, not big enough for an HR Department.

I have been there 6 years and resigned at the beginning of November for another position which is similar but in a town nearer to me and is paying more.

Around 8 months ago work asked me to take a professional qualification. I already have a fair amount of qualifications so this wasn't something I was particularly bothered about but it looks good for the company if someone has this particular title.

The course cost £650.00. I took the exam in late October but I won't get the results until the new year.

At no point was anything discussed with me about repaying the course if I resigned or any other deductions to my wages. When I got my November pay they had deducted the £650 (and some other random stuff) but again no explanation.

Can they do this? I have finished there now but have requested that they pay me what they deducted.

The boss has a reputation for playing silly games when someone dares to leave so I half expected this.

I just can't see how it can be legal?

OP posts:
BeckiWithAnI · 09/12/2023 21:30

I assume you never signed a study agreement, or ever discussed the repayment on leaving either formally or informally? Was there anything in any policy to say you’d have to pay anything back?
If not, contact ACAS about unlawful deduction of wages. If they have no formal policy in place, and no evidence you were ever told anything to the contrary in email chains etc. then you may have a claim. ACAS can advise what to do/letters to send. As you don’t work there now, ideally he pays you the £650 and it ends there, rather than having to take him to tribunal over such a silly amount.

BeeCucumber · 09/12/2023 21:31

I suppose they paid for a professional qualification that they now won’t benefit from - so I can see why they would want the money back. However, I think that you should read any contracts etc that you signed to establish the facts before considering legal action.

cryinglaughing · 09/12/2023 21:34

This has been a standard thinking contracts I have had. If you leave within 2 years of the course you pay back the cost.
Check your contract.

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Employment advice
seekingclarityplease · 09/12/2023 21:35

No. It’s illegal. Call ACAS. Threaten action.

crumblingschools · 09/12/2023 21:38

This was included in my contracts, that you might have to repay course fees if you left within a certain timescale

ionlywantto · 09/12/2023 21:38

cryinglaughing · 09/12/2023 21:34

This has been a standard thinking contracts I have had. If you leave within 2 years of the course you pay back the cost.
Check your contract.

Same here.

hangingonfordearlife1 · 09/12/2023 21:38

check your contract it should be in there. It's definitely in mine

Original poster
Dalrympy · 09/12/2023 23:15

Thanks all.

I've checked my contract and the only mention of training is that during a probation period there may be training that they can deduct the cost of. It would be agreed in advance.

I'm not in probation and it wasn't discussed with me. I get that they won't benefit from the qualification now and had they discussed it with me I might have agreed something but nothing was said.

OP posts:
seekingclarityplease · 10/12/2023 10:28

Dalrympy · 09/12/2023 23:15

Thanks all.

I've checked my contract and the only mention of training is that during a probation period there may be training that they can deduct the cost of. It would be agreed in advance.

I'm not in probation and it wasn't discussed with me. I get that they won't benefit from the qualification now and had they discussed it with me I might have agreed something but nothing was said.

Then OP, it’s an illegal deduction of wages. It’s black and white. Tell them this and ask for your money, otherwise begin proceedings with ACAS help.

hangingonfordearlife1 · 10/12/2023 10:56

Dalrympy · 09/12/2023 23:15

Thanks all.

I've checked my contract and the only mention of training is that during a probation period there may be training that they can deduct the cost of. It would be agreed in advance.

I'm not in probation and it wasn't discussed with me. I get that they won't benefit from the qualification now and had they discussed it with me I might have agreed something but nothing was said.

Then they haven't got a leg to stand on.

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