Case of the Week

If your employer pays for your training, don't be too surprised when you have to pay it back if you resign

This employee didn’t want to pay for her training but her contract said she should. Was it enforceable?

Employers are always falling foul of the legislation and many are indignant when I tell them they can’t take money from wages unless they have been authorised to do so.

It’s all down to section 13 of the Employment Rights Act 1996 which basically says that an employer cannot deduct anything from wages unless it had previously been agreed in writing.

Section 13, Employment Rights Act 1996

So, any non-payment is a deduction, whether it is part or all of the wages, it is unlawful unless there is an agreement to do so.¹ That means either an employer must obtain the authorisation to make the deduction when the terms and conditions of employment are