IS it illegal for employers

[zzxxee]

who pay you by cheque to ask for it back when it states in your contract they have this right.
No notice was given but the work was done??

[squarebear]

If it states that in your contract and you agreed to it, I don't see why they can't.

Seems a bit dubious but it's what you agreed to.

[ummmm]

Employers are asking for a wages cheque back? Have they given a reason?

[society]

Perhaps I misunderstood, I think this question is a bit confusing, or did you make a mistake?

How could it be illegal when you say that the contract states they have the right to do this?

[ummmm]

I'm guessing because I'm not sure either...

[zzxxee]

if the terms of the contract is legal under employment laws.

[ummmm]

What terms?

[mccfluff]

can you be more specific, the post doens't make much sense, as i read it someone has done a job been paid by cheque then the employer has asked for the cheque back?

[zzxxee]

If you do not give required notice, the company can withhold money. But if the cheque has been sent out, they are now asking for it back as notice was not given. I always thought it was illegal for employers to not pay you for work done.

[ummmm]

If it states in the contract that you have to give notice, and you signed the contract, then I'm sure they are acting within the law.

I did say on your other thread (although my answers got removed) that they spent money training you...and as you didn't give notice they would have to then spend more money getting another CBR check and on some more training for someone else.

[zzxxee]

sorry mcfluff
ok someone starts a job does 3 days induction after the induction, a cheque is posted covering the 3 shifts money (my neighbours daughters) she has a change of heart, as the job is for lone working and she does not feel safe, break ins from drug addicts ect.
In the contract it states at the companies descretion, if no notice is given they have the right to retain wages. But they are asking for the cheque back for work already done.

[zzxxee]

nothing to do with my employment ummm its my neighbours 20 year old daughter.

[ummmm]

Right...so it's not about you but a similar situation...

[ummmm]

Induction is not work though....they have to pay someone to do the induction and then she doesn't want the job = why should they pay.

[chelle7272]

If it is the contract that they can reatin it then yes it is legal. They have costs incurred because they now have to recruit again for the position.

[zzxxee]

no its not ummmm its my neighbours daughter , as i have said i am now working back with the elderly and am really enjoying it.
My neighbours daughter has started as a night warden in a drug rehabilitation unit. She works on her own . Addicts have been known to break in harass staff , she thought she could handle it but has had a change of heart.
I just want to be able to advise her if the contract terms are within the employment laws.

[zzxxee]

thanks for the straight answer chelle x

[mccfluff]

ahhh with you now, yes they are within their rights to do this, your contract states a term of notice is required on both sides. some years ago when i left a job they waived my notice period but didn't pay me i threatened them with court and they got the money out to me asap.

[ummmm]

I presume crossed posts...

Of course they can ask for the cheque back...she cost them time and money.

[ljdksa]

Glad you're back doing something you enjoy zzxxee. I bet it felt like coming home? :-)

[zzxxee]

pretty much what i thought, but she seems to think it is illegal to not pay for any work done be it training or proper shifts, under employment laws. But you know what youngsters are like they pretty much know it all , i will have a nose on directgov see if i can find anything in black and white to show her.