Potential deduction from earnings?

[LITTLEOWL96]

Hi Guys and Girls,

First time here, I just have a question that hopefully you can answer for me.

I have recently handed in my notice of resignation to my employer as I have found another job which offers me a lot more progression and training wise and is better suited to what I want but my current employer has turned a little funny and threatened to issue me with Benefit in Kind tax for the HGV licence they recently paid for (January 2020) which they wanted me to undertake.

The only issue I seem to have is they're claiming they're eligible to do this despite me not signing any paperwork or contract to say that I agree if I leave between X amount of time I am liable to pay back a percentage.

Where do I stand if I find out at the end of the month that they actually have deducted from my wages? Is this classed as anything?

Thanks all,

LittleOwl

[ULA]

I presume to get your HGV licence you needed to undergo some training and it is the cost of the training that they are saying they need to recover their costs for or make you pay for it. If that is the case and your employer paid for the HGV training to get your licence and this related to your job, the value of the payment made by your employer for the training is not taxable, so they cannot process it as a benefit in kind.

The only other way they can reclaim the cost of the training back is if in either your contract of employment or by way of a separate training agreement there is what is known as a "training clawback" clause i.e. you agree back to pay the cost training if you leave within a certain time after the training has occurred.

If you have not signed a separate agreement or there is nothing in your contract and they try to deduct the cost of the training then potentially you will have a claim for unlawful deduction of wages.