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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45343
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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It came to our attention that one of our employees that has

Resolved Question:

it came to our attention that one of our employees that has given notice to leave the job has been misusing mobile phone provided, on international calls running up to £1500.
Am i able to deduct this from their last salary? From the telephone bill its obvious that all the calls are personal and not business related.
Many thanks.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello does this person's contract say you can make such deductions ?
Customer: replied 11 months ago.
No contract doesnt cover use of mobile phone
Expert:  Ben Jones replied 11 months ago.
Okay is there any clause which deals with deductions you can make from this person pay?
Customer: replied 11 months ago.
our contracts have this clause in them,
The Company may deduct from any salary or other payment due to you any amount which you owe to the Company.however employee refused to sign the contract itself.
Expert:  Ben Jones replied 11 months ago.
It is unlikely that this clause, especially considering the employee had not signed the contract, will be enough to allow you to make such deductions and therefore doing so will potentially amount to an unlawful deduction from 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:{C}· If it is legally allowed (e.g. to deduct tax);{C}· If it is to recover an earlier overpayment of wages made by the employer;{C}· If their contract specifically allows for the deductions to be made; or{C}· 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. Therefore, if you wanted to pursue the employer for the amount owed you would have to consider other methods, such as the small claims court. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45343
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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