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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work company and demoted myself recently due to

Customer Question

hi i work for a company and demoted myself recently due to a grievance not been heard. I also am owed a back pay in wages in which i cannot get an answer on and also deductions from my salary which i have not agreed. i have been with company for 14 months and have told them i feel like i am a victim of constructive dismissal. can anyone help
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me the nature of your grievance and what role do you play in the company please.
Customer: replied 2 years ago.

i was originally a gas engineer but got promoted to area manager i submitted a grievance due to one of the workers making my life at work impossible. She was checking my vehicle tracker on company car out of hours and also trying to catch me out on everything i did within the company. i have not heard anything back from them. As a result of the worker in question i was disaplinned and given a final written warning due to using company phone for personal calls i have recieved no minutes from this meeting or wriiten warning in writing. i believe the processes have been followed incorrectly and i feel like i am being constructivly dissmissed.

Expert:  Ben Jones replied 2 years ago.
Thank you for that information please leave this with me and I will get my advice ready for you on how to proceed with this. I will get back to you ASAP There is no need to wait on here I will email you when ready regards Ben.
Customer: replied 2 years ago.

thank you so much. really finding it hard to get up each morning knowing the company do not want me there. I have spoken to other managers within the company who have heard managers trying to find something to dismiss me on.

just for your reference : my disiplinary i mentioned above the investigater the meeting note taker and the descision maker were all the same person and the lady who is sending me deduction letters is the lady i sent the grievance about.

thanks

Expert:  Ben Jones replied 2 years ago.
thank you I will get back ASAP.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. The main issue here is that you would not be able to claim constructive dismissal as that requires you to have at least 2 years’ service with the employer. Until then you are not protected against constructive or unfair dismissal and it means that the employer can dismiss you or force you to resign for more or less any reason, subject to a few exceptions which do not apply here.
You will nevertheless be protected against any unlawful deduction of wages, which is made illegal under the Employment Rights Act 1996.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
• If it is legally allowed (e.g. to deduct tax);
• If it is to recover an earlier overpayment of wages made by the employer;
• If their contract specifically allows for the deductions to be made; or
• If the employee has given their explicit written agreement for the deductions to be made.
If none of the above exemptions apply, the deductions will most likely be unlawful. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Do bear in mind that the employer could still dismiss you if you were to challenge them over the wages issue. So you could pursue them for the money owed but as a result they could still terminate your employment without you being able to challenge it. So it is a potential risk but obviously it is impossible to predict if it would get to that.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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