Ambiguous Contract

[ULA]

I presume that you have been provided with a certificate number from ACAS, without this you will not be able to pursue an ET claim.

Is your claim based on an unlawful deduction of wages?

Just as a point of reference what is contained in your contract of employment, if anything, about deduction from wages on termination for monies owed to the employer by the employee, including but not limited to, any excess holiday, training etc? If so it would be useful to see what it says alongside the agreement which you have already provided for this specific training.

[Mikef8619]

Hi
yes you are correct, I have received a certificate from ACAS and the claim is based on unlawful deduction of wages.

I have copied and pasted below the part of my contact which mentions deductions..

Many thanks

6.4. By signing this Agreement, you hereby confirm and agree that, without prejudice to any other remedy, the Company may deduct from your Salary, or any other sums
payable to you, any monies due from you or which you owe the Company. This
includes but is not limited to:

(a) any fines or charges incurred due to your use of any Company vehicle and/or
any fuel costs for personal mileage;

(b) any costs due to your negligent loss or damage of Company equipment or
property and/or your failure to return any Company equipment or property
upon request;
(c) any expenses or costs that the Company has incurred on your behalf and that
you have agreed to repay on the termination of your employment (for example,
training or relocation costs); and/or
(d) any overpayment of Salary, expenses, holiday taken but not accrued.

[ULA]

Thanks for the information I requested.

Ok so the employer is going to argue that they had the right to deduct the money because of both the training agreement that you signed and this clause 6.4 (c) in your contract of employment.

Your best defence is going to be that the terms of the training agreement are not clear since the clawback on the training would only occur if you did not complete a certain number of shifts in the twelve month period from the end of the training which were never defined.

[Mikef8619]

Thank you for all your help. I opened a case with the employment tribunal. But before it went ahead my employer contacted ACAS again and agreed to settle and give me my money back.
i can't thank you enough for your help. I would not have been able to do this without you

[ULA]

Hi Mikef8619 thank you so much for coming back to update us and great to hear that the company has agreed to pay the money back. Glad we were able to help you.

If I could trouble you, if you have the time, would you leave a review on our Trust Pilot page - the link is in my signature below?

Many thanks and I wish you all the best.

[Mikef8619]

Done
I can't thank you enough for your help.
Take care and keep up the amazing work

[ULA]

Thank you for your kind words on the review. It means a lot and does give us all at LegalBeagles a boost