How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

i work for a convienence stores in my village and if we make

Customer Question

i work for a convienence stores in my village and if we make a mistake on paypoint or if the till is short the companie deduct our wages without warning or proof on black and white that we made a mistake are they allowed to do that without concrete proof as later down the line the mistakes have been found
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Does your contract say this can happen?
JACUSTOMER-zjkth04m- :

no it not stated in the contract but a while ago we all sign a form to say we agree but they should haveattach the form in the contract but the problem is not paying the money back its just we dont get a proof from headoffice basically they accuse us without any proof and just taking the money are breaking the law/? also i work and my own for 5 hours before the next person come along is that legal ?as the shop the raid it few years ago and at the time the panic button was not working

JACUSTOMER-zjkth04m- :

can you give me an answer shortly as i need to go out and then straight to work to my meeting with my area manager did u get my answer to your question /?

Ben Jones :

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; or
  • If the employee has given their written agreement for the deductions to be made.

It is not necessary for the employer to provide proof that the money is owed before they take it, but if the circumstances around this are questionable and you have evidence which would suggest you had no part to play in the money shortage, then you can raise this with the employer and challenge the deductions as being unreasonable.

However, the important issue here is whether you have this written agreement - it does not have to be part of your contract but has to be understood and signed by you.

JACUSTOMER-zjkth04m- :

anybody there/?i need an answer very quickly thank you

Ben Jones :

your answer is above, can you not see it?

Ben Jones :

an you see any of my posts?

JACUSTOMER-zjkth04m- :

yah but to have a part or no part in it it has still to be proven and show to me amd my other colleague surely? so basicaly you are telling me they dont have to show us proof to deduct the money out of our wages? that dont sound right to me if only out of curtusy we should have some information can u answer me quickly please ii think iam not explaining myself properly iam not disputing paying the money i just want proof of my mistakes and so the other emplyee? u dont accuse anyone without proof!!

Ben Jones :

No, the law does not require the employer to prove anything, although as mentioned if you have evidence that would help in showing that you were not at fault then you can bring that to the employer's attention and ask them to consider it

Ben Jones :

Has this answered your query?

JACUSTOMER-zjkth04m- :

Thank-you for your query,

JACUSTOMER-zjkth04m- :

Apologies that message before was not meant to be sent, I understand some of your responses yes, my employers have previously made us sign a form stating that mistakes could result in money being deducted from our wages however this is not the issue, what I trying to explain is that there is no way of us proofing that there has been a discrepancy, as there is nothing in writing to confirm these mistakes. If they could provide us with a detailed description of when these mistakes were made, by who, at what time, what the circumstance was? I could then review this and dispute any disprencies that I believed were incorrect against me. When I have raised this issue this has not been addressed.

JACUSTOMER-zjkth04m- :
  • Also I have now received a written warning in work for these mistakes I have apparently made in 2012 and 2013, however in my contract it states: "Depending on the reason for the poor performance, the employee may be: given a review period to meet the required standard, given adjusted standards, given additional training, given a mentor. At no point of these disciplinary stages have I been given the opportunity of the any of the above. Also can it be justified that not only do I receive a disciplinary regarding mistakes I have no proof of but I also have money deducted from my wages for the same reason as money is not being lost by the company but from me and my colleagues.
JACUSTOMER-zjkth04m- :

I look forward to your reply

JACUSTOMER-zjkth04m- :

Many Thanks

Ben Jones :

As mentioned the employer does not have to provide specific evidence before they decide to make the deductions and all that is needed is the legal right to make these deductions, which they appear to have. However, if you have evidence to show that the deductions were unfair you can raise these with the employer and if you make a claim for unlawful deduction of wages then it would be for the employer to show that they had the right to make these deductions.

Whilst the policy states that you may b given mentoring, etc these are all 'maybes' and the policy does not state that this is something that is guaranteed to happen. If the employer believes it necessary to go directly for a warning because the circumstances justify it they can do so. If you do not agree with this then you have the legal right to appeal the warning

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice