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Repayment of part of salary when leaving job?

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On behalf of my son.


My son is salary paid and has been offered another job, better pay etc etc.


He works as a chef and has been doing around 25 hours a week over the slow winter period, but he has been paid his full (35 hour) salary.

His firm has told him that if he leaves he will have to repay part of his salary amounting to about £2500 because they have been paying him for 35 hours over the winter period but he has only been working 25 hours.


Can they do this?


Surely it's up to his employer to give him work for 35 hours a week? if they don't then surely my son can't be held accountable can he?


Many thanks



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He needs to check his contract of employment.


If he is guaranteed 35 hours of work, he must be paid for 35 hours (unless there is a short time working or lay off clause to the contrary).


If he has no set hours, or hours under 35 per week, or there is a clause as above - then it could be an overpayment.

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