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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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Is it legal to deduct pay customer feedback

Resolved Question:

Is it legal to deduct pay for indifferent customer feedback on a CSI programme?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for and does your contract specify this deduction?
Customer: replied 1 year ago.
18 months and not to my knowledge no.
It is the only department in the company that exercises this too as far as I know
Expert:  taratill replied 1 year ago.
Ok if it is not specified in your contract then it would amount to an unlawful deduction from salary. You should ask for a copy of the contract to clarify the point. If it is not in the contract you can raise a grievance that this amounts to an unlawful deduction and ask them to repay and say you will claim in the Employment Tribunal if they do not. You will need to start ACAS Early conciliation prior to bringing the claim. Good luck. If you have any further question please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Would I have grounds for 'constructive dismissal?
Expert:  taratill replied 1 year ago.
no you have not been employed for 2 years which is necessary to bring a claim of constructive dismissal.
Customer: replied 1 year ago.
If I waited until September, what sort of level of compensation could I expect in the event of a successful outcome of 'constructive dismissal' please?
Expert:  taratill replied 1 year ago.
If you wait to September you definitely will not be able to claim constructive dismissal as you would be deemed to have accepted the deductions through custom and practice. You need to act promptly. Even if you had 2 years service you would not be able to claim constructive dismissal until you give them the chance to put this right.
Customer: replied 1 year ago.
The deductions were last year, I have only just discovered there are likely to be illegal. £480 for quarter 3 and £75 for quarter 4.
Does my employer have to pay me back if not in my contract?
Expert:  taratill replied 1 year ago.
yes it amounts to an unlawful deduction your employer should pay you back as I have already stated.
Expert:  taratill replied 1 year ago.
hello is there anything else I can help you with?
Customer: replied 1 year ago.
No, that's fine thank you
Expert:  taratill replied 1 year ago.
No problem, all the best please do remember to rate my answer before leaving the site as I am not otherwise paid for the time I have spent answering your question. Thank you and all the best and do come back to me in the future if you need to.
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