9. Pay, repayment clauses and other deductions
There are strict time limits for making a claim to an employment tribunal:
• If an employer made one wrong deduction, the employee has three months minus one day from the date of the deduction to make a claim to an employment tribunal.
• If several deductions were made, the employee has three months minus one day from the date of the most recent deduction.
The employee can claim up to two years back as long as either of the following apply:
• there’ s less than three months between deductions
• the deductions are linked – for example, they might be linked if they are caused by the same error
Any claim for wages brought in an Employment Tribunal must be for a specific and quantifiable sum of money. If the payment is uncertain, and not quantifiable( or is a general sum claimed by way of damages), then the claim will need to be brought in the County Court, or High Court instead.
Repayment clauses, deductions and other debt
Many migrant workers arrive in the UK already indebted – having paid recruitment agents thousands of pounds for jobs that don’ t always materialise. Others face fresh financial exploitation once here, through repayment clauses that lock them into poor working conditions.
“ I love taking care of people, but I don’ t think the company has enough work.” – Nigerian care worker who paid £ 7,000 to a recruiter
Recruitment fees
Many migrant workers report paying between £ 3,000 and £ 40,000 just to secure their jobs. These fees are often disguised as“ processing” or“ service” costs and leave workers financially trapped. Under UK law and international conventions, workers must not be charged recruitment fees. They are unlawful. These costs must be borne by the employer.
Repayment clauses
Employment contracts may include clauses that require workers to repay costs for visas, training, or relocation if they leave before a fixed period. While some clauses are legal, many are excessive or vague and act as unlawful penalties. A‘ repayment clause’ is a clause in a contract of employment which requires an employee to repay a sum of money if they leave their employment within a certain period of time. The costs are often described as recruitment and / or training costs.
LRD • Supporting migrant workers 49