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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47339
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i was dismissed from my job for having an accident in company

Resolved Question:

i was dismissed from my job for having an accident in company vehicle and was convicted for drink driving over same incsedent the insurers are still sorting this out but are my former employers allowed to with hold monies owed to me in wages pending the out come of this incsident
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract say that they can withhold any money from you?

Customer:

i do not know without looking

Customer:

it was a hired vehicle tho

Ben Jones :

are you able to check?

Customer:

it says i must report all damage to company vehicles but nothing about paying for damage

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:

thank you for your information

Ben Jones :

you are most welcome

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