we've been told that these deductions for training are provided for in the contract of employment
Quite the opposite. An employer can't vary existing terms and conditions retrospectively and expect them to take effect without some negotiation.
Im not sure what the status of an "Employees' Handbook" is.
DEDUCTION FROM WAGES
Employers who want to make a deduction from wages should ensure that they do so lawfully.
The following is a summary of the current legal position (in the UK):
An employer cannot legally make a deduction from the wages or salary of an worker unless the deduction satisfies one of the following conditions:Lloyds would advise that in the event that you wish to make ANY DEDUCTION from a workers wages that it is always best practice to draft a separate agreement from the contract of employment to allow for this, to ensure that there is no ambiguity. This would also allow for a ‘sliding scale’ of deductions to be made over a period of time.
- The deduction is authorised by statute (for example PAYE); OR
- The deduction has been authorised by the worker’s contract provided that the worker has been given a written copy of the relevant terms or a written explanation of them before the deduction is made and the worker has signed the contract ; OR
- The worker has given prior consent to the deduction, by signing an agreement to the deduction BEFORE the making of the deduction and BEFORE the event that was the cause of the deduction occurred.
A good example would be where you want to deduct training costs - although this may be covered in a general deductions clause in your contracts of employment, to have a separate agreement that is signed is always better in relation to proving that the deduction is not unlawful, it ensures that the worker has signed an agreement to the express deduction and it allows you to specify what percentage of the training cost will be deducted if the employee was to leave your employment. For example, a larger percentage of the total cost would be deducted if they leave 1 month after receiving the training to a lesser percentage if they leave 12 months after the training.
I know that the terms of an employment contract that I had with an Irish company previously stated that the terms of my employment were according to said contract, and the contents of the employee handbook - which I was given to read prior to signing the contract.
I presume this is normal.
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