One of the lads in my office took the job on the conditions implied that they wanted to try him out for 3 months and would pay his relocation expenses for the trial. He decided it was not for him and moved back to the midlands (cov vs aberdeen, I’ll take aberdeen any day :?). Anyway he handed in his notice after 2.5 months of employment and they took his relocation bonus back. The issue is that they had initially offered the relocation bonus as payable after the first month with no other conditions, he has this in writing. Plus he never received an employment contract in the period he was there.

I reckon that without prior agreement, or a contract they cannot do this?

How to proceed then?

Are those details from his word of mouth or have you seen it written? (Ie that there were no terms on the relocation bonus such as completion of the trial.period).

Seen it written, offer letter and been in the office when he repeatedly asked for a contract of employment.

I guess they’ve taken it back out of his last months’ payslip?

Is he still employed, in Coventry, with you – or left? He’s really got to decide to sue (Small Claims), and tbh is he actually out of pocket, ie did the ‘bonus’ cover his day-to-day expenses or was it for a house move (etc) that he has not yet done?

Either way, he’s got to accept he’ll get (at a maximum) somewhere between £0 and less than 100% of the ‘bonus’ – and could in reality end up out of pocket too.

How much are we talking?

Normal practice is that relocation allowance is reclaimed by the employer if the employee decides to leave, if they are made redundant or dismissed then it’s usually not pursued.

I dont think it is legal to take money from wages without prior agreement.

It is legal, happens all the time, e.g. if someone goes having taken more leave than they’ve accrued.

Well you lot are useless. Here is a link that explains it.
I despair of this place sometimes. Bring back TJ.

There are exemptions from these conditions which allow you to recover, for example, an earlier overpayment of wages or expenses to a worker.

Overpayment of expenses might cover it.

There are exemptions from these conditions which allow you to recover, for example, an earlier overpayment of wages or expenses to a worker.

Does this not imply that what has happened is legal?

toys19 – Member

Well you lot are useless. Here is a link that explains it.
I despair of this place sometimes. Bring back TJ.

😆 Yes, bloody useless them lot.

Yes, we need TJ back as I don’t like to argue with myself and I need to practice it on someone

It is hardly an overpayment, it is a payment of expenses they agreed to make. Overpayment applies to a mistake.

TBH I wondered if there were any employment specialists here, not a bunch of armchair experts. If you have no actual working knowledge of this, how about you be really helpful and just not post anything?

How to proceed then?

Well as it sounds like it has absolutely **** all to do with you, I’d proceed by doing nothing other than ceasing to sound like a bell end whilst asking for employment law advice on a cycling forum.
😀
Must dash, I’m off to the Nissan Micra owners club forum to seek advice on crochet.

toys – I don’t think you will get an absolute answer on here. There are circumstances where deductions ARE legal, and e.g. if I pay a relocation allowance it is repayable by the employee if THEY decide to leave before the end of their probation process. However we have employment contracts for everyone and any special arrangements like that are clearly stated in writing (although as I recall the employee does not sign them).

The exact wording in the letter that describes the payment could be critical and would need expert advice (not just CAB or ACAS advice). Don’t assume that your reading of the words is the same as what a lawyer sees! If there was some reason you really felt like siding with the employee who has just disappointed your employer then you may be encouraged to know that faced with a claim for unauthorised deductions (which I think are presented via Employment Tribunal rather than Small Claims) many employers will decide it is easier just to pay the claim than pay a lawyer to fight it.

Toys I do work in HR so my answer was from my experience. Without a written contact he’ll struggle to get any money back.

If you have no actual working knowledge of this, how about you be really helpful and just not post anything?

and there was me thinking this was a chat forum.

Right just had an interesting result back from my mate. CAB told him that without a written contract he was in the ascendancy. They wrote initial letter to his previous employer, who have repaid the money.