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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?PS: I am travelling at present and won't be able to provide full answer until later tis evening if that's ok
I have worked for the current owners for almost three years. The company was taken over by the current owners almost three years ago. previous to this I worked for this company since 1992, however, when we were taken over we were given new contracts and there was no continuation of service. Please answer when you have time. Thankyou
ok thanks I will respond in due course this evening
Many thanks. Do I need to reply to you straight away or can I come back to you (if I need to) perhaps tomorrow? I have not used this service before.
you are welcome to get back to me any time, even if it's tomorrow, I should be on most of the day anyway
Ok, thats great. Safe journey.
Many thanks for your patience. Your interpretation of the law is correct and the employer’s actions are likely to amount to an unlawful deduction from wages.
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 explicit written agreement for the deductions to be made.
Because this could have serious impact on an employee and affects one of the most important rights under their contract (the right to be paid), any written contractual provision must be clear and unambiguous and the employee must have been made aware of it. Looking at the wording of the contract which allows certain deductions, there is nothing ti suggest that staff errors would be included in this.
If they try to introduce this as a new condition to your contract then you may challenge this. You should make it clear that you do not accept the changes and are working under protest, which means you feel forced to do so at present. If they go on to make deductions in the future then these could be challenged as deductions of wages, either in the employment tribunal or the county court.
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?
Hello again. Many thanks for your prompt reply. I had an idea that what they are doing was unlawful, but didnt want to "rock the boat" without checking the facts. Your service and help in this matter has been very much appreciated. I shall rate as excellent service. Thanks again. Regards XXXXX
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