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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47426
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello my husband is disabled and we have a carer at the moment

Resolved Question:

Hello my husband is disabled and we have a carer at the moment who left the building without his keys. Instead of speaking with my husband he decided to break in to our roof door without our authority or knowledge and we now have to replace the door frame and door. We have had 2 quotes the cheapest one costing £3,500 my question is can we take money from his salary/holiday pay to go towards payment of the door as we know he will leave as soon as we present him with the quote for the door.

Your advice would be very much appreciated

Tracey
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Does this person have a written contract with you and does it say anything in there about whether you can do this?

Customer:

Hello Ben

Customer:

Hello Ben to be honest I am not sure if there was a contract my husband is not here at the moment.

Customer:

Sorry Ben I have just checked with my husband and there was no contract

Ben Jones :

thank you, ***** ***** get my response ready please

Customer:

Ok thanks Ben your help if much appreciated.

Ben Jones :

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 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. 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.


 

Customer:

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

Ben Jones :

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

Customer:

Thanks Ben valuable lesson learnt Im afraid.

Ben Jones :

you are welcome and hope it has clarified your position

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