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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How much are you owed and how much does he want from you?
I am owed £2000 he wants £5300 or he will take further action
are the costs he is after justified?
the costs are for vets fees , dna tests and disposal of animals
but do you agree your actions or negligence caused these costs?
I was working on his behalf with no training in the field that the mistake was made in with no supervision from him! there was a third party (agent) working on his behalf who was supposed to check them at regular intervals but never did they looked at the documents and singed them of as ok before he realised there was a problem the end result did mean it cost him these costs!
does your contract say he could withhold such costs from your pay?
all it says on that matter is- the employer reserves the right in its absolute discretion to deduct from your pay at any time during,or in any event on termination any sums which you owe the employer including, without limitation, any overpayments of pay, bonus,loans,advances,expences made to you or paid but subsequently disallowed by the employer . by singing this you accept that the employer may make deductions from salary due to me.
I would say that the employer’s refusal to pay you potentially amounts 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:
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:
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.
The issue is that if you claim, they can make a counterclaim for the money they believe you owe them – however that would be considered on its own merits and it needs to be shown you were negligent and that your actions had directly caused the losses, which also were reasonable.
so what would your advice be? should I pay? do I have a strong case or not? I cannot afford a lot and don't know what to do
I cannot tell you your prospects of defending this as I have very little information on the details of the claim but you could try and refuse to pay and if he sues you at least you can try and defend this and try your chances, which means you could walk away with paying nothing, or you could be asked to pay just part of it or the full amount - whatever the outcome you have a chance to pay less than what is asked instead of just agreeing to pay it all at the outset
thanks for your help!
you are most welcome