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  • Frequently Asked Employment Questions - Can we require training costs to be repaid?
    Yes - most employers operate their "claw back on training costs" rule on a sliding scale for either one or two years after the training has been completed, i.e. the sooner an employee leaves, the greater the amount they are expected to pay back. So, assuming you have a two year tie-in, any sum owed will reduce by 1/24th for each complete month that they remain in your employment. Equally, if you only require an employee to stay for a year, it will be 1/12th per complete month. For short training courses, it's...
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  • Frequently Asked Employment Questions - May we recover an accidental overpayment of wages?
    When the overpayment is due to a one-off mistake on your part, the amount may be deducted from the employee's next salary payment without their express written permission. This is because the provisions relating to the unlawful deduction of wages under the Employment Rights Act 1996 don't apply to an overpayment of salary. However, the position is far more complex if you've made overpayments over a long period of time, e.g. due to a payroll error, or where the overpayment was made some months ago and has only...
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  • Frequently Asked Employment Questions - What can we do if an employee resigns but refuses to work out their full notice period?
    An employee who resigns and refuses to work their full notice period is technically acting in breach of contract (unless you have acted in such a way that you have fundamentally breached their employment contract, entitling them to resign immediately and claim constructive dismissal). You can, in theory, sue the employee for damages for breach of contract in the civil courts. In practice, however, this is often not financially worthwhile. You would have to show that your business had suffered a quantifiable...
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