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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have recently resigned from my job as a care assistant.

Customer Question

I have recently resigned from my job as a care assistant. I gave two weeks' notice, as per my letter of appointment, which stated either party could terminate the appointment by giving the other 2 weeks' notice within a 13 week period. During my first two weeks, I "shadowed" an experienced carer, performing tasks under her supervision and guidance, until I became confident to perform the role by myself. On receipt of my final payslip, the company had withheld my last 2 weeks' pay to cover the cost of the CRB check (£63.50) and Contractual Recovery for the shadowing period of 2 weeks (£207.40) after tax. I did call the office manager on the day I received the payslip and his explanation was "that the company was not receiving any monies from the clients to support my wages. I found this statement quite immoral and disturbing! I commenced employment on 17.05.2014 and my final day available to work was 27/07/14, a period of 10 weeks. My letter of appointment clearly states that I would receive a Contract of Employment within two months of my start date, but this did not transpire. I wrote to the Company on 21/08/14 setting out my grievance at their actions, but to date, I have not had the courtesy of a reply. ACAS is not an option for me, as the fees would be greater than the monies withheld. Is a claim in County Court an option, and would my claim hold up? Regards ***** *****

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. The employer has no right to retain these monies unless you had a contract which specifically stated that they could be deducted from your notice pay or you specifically agreed to the deduction. The deduction amounts to a breach of contract and an unlawful deduction from wages.

taratill :

You should write to the employer to say that if the money is not paid back to you in 7 days you will either claim in the employment tribuanl or the county court. Whilst I appreciate there are now fees in the tribunal these are payable by the employer if the claim is successful which, on the basis of what you say, it would be in your case.

taratill :

If you have any further questions please do ask.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Things are not going well. I wrote to them on 21.8.14 advising that


this was unlawful, heard nothing back, so wrote again on 5 September advising I would take County court proceedings to recoup my monies,


if I did not hear back within 7 days.


 


They have now written to say they too have sought legal advice and


"as you were not expected or required to work during your "job shadowing" period, the deduction is lawful!!!


 


Also, "should you fail to make payment to us of the outstanding amount of £29.93 within 7 days, we will initiate legal proceedings against you."


 


Can they do this to me? My offer letter states "If you leave within the probationary period, you will not be paid for (or will be liable to have deductions made from you final salary equivalent to) your job


shadowing period.


 


This is an offer letter, not a Contract of Employment, in which they also state, would be provided within 2 months of the date 07.05.14. Clearly, I did not receive this contract. Is a letter of appointment legally binding?


 


Jeni

Customer: replied 2 years ago.

I need to discuss further developments with you please

Expert:  taratill replied 2 years ago.
Hello is the total amount in dispute £29.93?
Customer: replied 2 years ago.

No, the 29.23 is the shortfall of my final salary and the deduction taken


for the CRB check of £63.50

Expert:  taratill replied 2 years ago.
So it is the cost of the CRB check they are trying to recoup>?
Customer: replied 2 years ago.

 


My pay for the last period I worked was £246.07 before tax. I am not sure what they have deducted for my pay during the shadowing period, but as they also made me pay back their cost for a Criminal Record check of £63.50, this has left a shortfall of the £29.93 which they are demanding me to pay.

Customer: replied 2 years ago.

Yes they have withheld my wages and also added the cost of the CRB check,

Expert:  taratill replied 2 years ago.
Ok please let me take some time to prepare as response to this question. I will have the answer with you shortly. You will receive an email when it is ready.
Customer: replied 2 years ago.

Thank you so much


 


Jeni

Customer: replied 2 years ago.

Any news yet?

Customer: replied 2 years ago.

Have you been able to come up with some advice for me please?

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