Tuesday Q&As

27.9.22

Non payment of bonus

Q. Hi, my workplace withheld 20% bonus monthly from some staff which we would get if we passed an annual audit, we would get paid in December pay, I have left the business and they are refusing to give me this, it doesn’t state anywhere in my contract about the hold back or not paying if you leave. Can I challenge them?

A. Yes. You will have to establish what was agreed between you and your employer. If the 20% bonus was stipulated in writing, all the better. If not, it is not a major problem, but you will need to set out when and by whom the agreement was made. As you no longer work for the company I suggest you put in a tribunal claim for an unlawful deduction from pay. You will have to contact ACAS first, which is a pre-claim requirement and it may encourage your ex-employer into settling this before it goes any further.

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Recoupment of training course costs

Q. Hi I’m sat with a friend who has handed her notice in . She worked there for 7 months that’s by the time she finishes. She did a training course to train other staff. This was not a legal requirement the director is now asking for 1/2 the course money back is this allowed ? Can you help please

A. She needs to check her employment contract if she has one. There may be a recoupment of training costs clause which gives her employer the right to deduct training costs if she leaves within a certain period of completing the course. There is usually a sliding scale depending on how long it has been since the course has been completed.

Without the clause in a signed contract, her employer will have difficulty in establishing the legality of deducting the training course fees. He/she may be able to rely on a customary policy of deducting the course fees because he/she makes it clear to staff beforehand. This is rare, and in my opinion, without a signed agreement allowing for the deduction (which must be made before the course started) her employer will be acting unlawfully.

Tell her to contact ACAS with a view to making a tribunal claim for the unlawful deduction from pay in respect any course fees/costs.

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