It is unlawful for an employer to make deductions from wages pursuant to a clause providing for the repayment of recruitment and training expenses (should the employee leave within a defined period) if the repayment clause is a penalty. A clause will be an unlawful penalty if the difference between the amount to be repaid and a realistic pre-estimate of loss is extravagant or unconscionable. Leave to appeal is being sought. (Cleeve Link v Bryla, EAT)