Legal implications of not fulfilling a benefit term

5
Found 25th Mar
Hi.

Got a peculiar situation at my work place where a colleague is going to be taking paternity leave on a company benefit (3months full pay, 3 months half) and they’ve said if you take the benefit then on return you must work 6 months minimum or the company can recoupe the costs as the benefit taker has not met the terms.

To me it sounds like If you take the benefit in full then you HAVE to complete the return terms.

Howver what if the employee is dismissed during the repayment period or has a job change should they be unable to continue in their previous role?

What happens if the employee tries to be dmissed so they can leave without paying the money back?

i would think no minimum repayment fulfilled then your subject to the money repaid regardless of why.

curious to see if anyone knows the answer
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If the company is owed money as the terms are not met they can recoup this by means of employees last pay.

They can get debt collecters involved for overpayments. Ive known this to happen.
If your work colleague is happy to take the time off, he/she should be prepared to complete their responsibility and continue working for the defined 6 month period.

Getting themselves dismissed (by cause) would mean that they had not completed the necessary term of their "contract" with their employer who would therefore be able to pursue them for the paternity payments. I would expect (and hope) the company would do so as otherwise they would be signalling to other employees that there was no need to honour this contract.

Taking this very generous benefit from the company without being prepared to honour their part of the contract suggests your colleague is not a very nice person!!
Seems you care a little bit too much about this ‘colleague’
It's like the tax break cycle scheme at our work, alot of people got a shock when they left early as they company deducted the cost in full as they had broken the contract. Losing half you final pay packet is a bit of a shock.

Not sure where you work but I've not seen any company pay anything for paternity other than the Statutory amount unless you're sharing it with a partner. I got a week off and £124 as my paternity.
_Whatever_26th Mar

Seems you care a little bit too much about this ‘colleague’

It's a colleague I get along with well yeah, so its more an interested / warning to put forward and say dont do this because you will get done over if you pull a fast one
Edited by: "JLA92" 26th Mar
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