Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Does this person have a written contract with you and does it say anything in there about whether you can do this?
Hello Ben to be honest I am not sure if there was a contract my husband is not here at the moment.
Sorry Ben I have just checked with my husband and there was no contract
thank you, ***** ***** get my response ready please
Ok thanks Ben your help if much appreciated.
If you were to simply go ahead and deduct the costs of the repairs from the person’s pay, it would most likely amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. Alternatively, it would be a breach of contract.
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. You would therefore be expected to pay them as normal and then pursue them separately for the costs of the repairs. Whilst the employee could just leave once he is presented with the costs for the repairs, you are still able to pursue the matter yourself through the small claims court if necessary. This is a relatively risk-free option because you would not be paying much more than some court fees, usually a few hundred at most, and you do not need legal representation, which means you can keep any legal costs to a minimum.
That's what I thought so at least it is crystal clear now. Would we have been able to claim if we had a contract? Thanks Ben
you can claim anyway, it is just your right to deduct the money automatically from their pay that is restricted due to the lack of contract
Thanks Ben valuable lesson learnt Im afraid.
you are welcome and hope it has clarified your position