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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I am currently having an issue at work and I am hoping

Resolved Question:

Hi,
I am currently having an issue at work and I am hoping that you could give me some advice on this please.
It all started a couple of weeks ago when I was out (Using the works van.) on a delivery to a customers house. When leaving the customers drive I hit a fence post with the side of the van, bringing down the post and leaving a big dent and scratch in the van. I told the customer and then went on to tell my boss.
My boss told me that I would have to come into work on my day off to fix the fence post for the customer, without pay. (Which I did.) I thought that this was the end of the matter, but last week my boss deducted £25 out of my wages, without approaching me about it.
I then went on to ask my boss what the deduction was for? He told me it was for the damage to the van and £25 would come out of my wage every week until I had payed £650, what is the cost to fix the van.
I dont know if my boss is allowed to do this and I would of thought that he would of had to go through the insurance. So in all I would just like to know were I stand in this.
Many thanks
Christopher Burton [email protected] XXXXXXXXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does your contract state your employer can do that?

Customer:

No it is not on my contract.

Ben Jones :

How long have you worked there for?

Customer:

I worked for the garden centre for 4 years, but it got taken over by the current company about a year and a half ago. so in total a year and a half.

Ben Jones :

ok let me get my response ready please

Customer:

ok thanks.

Ben Jones :

This 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 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.


 


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:



  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


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.


 

Customer:

ok thanks, XXXXX XXXXX employer sack me for making this kind of fret?

Ben Jones :

you should be protected against unfair dismissal because the employment would have been continuous and you need 2 years continuous service to be protected

Customer:

Ok thanks for your advice, much appreciated.

Ben Jones :

you are most welcome, all the best

Ben Jones :

you rated poor service?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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