Employers should ensure that agreements providing employees with loans to pay for season tickets, equipment, training courses etc clearly state when the loan will be repayable. Where the loan is to be waived if the employee remains employed for a certain period, the agreement should specify what happens to the loan if the employment is terminated by the employer prior to this period and if this changes depending on the reason for termination. A failure to do so in the case of Ali v Petroleum Company of Trinidad and Tobago led to the Privy Council implying a term that the loan would be waived if the employer made it impossible for the service requirement to be met, for example by making the employee redundant. (However, on the facts, the individual had opted for an entirely voluntary redundancy and so was required to repay the loan.)
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.