Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and is there a clause in your contract which states the employer could make any such deductions from your pay?
Hi Ben, Thanks for this. I have worked there since October 2013 I was hired on a 6 months contract. The contract has been carrying on as a monthly rolling contract. So Since October 2013 till now.
No I have looked at the handbook and no where does it say they can take deductions from my pay, unless there has been an overpayment.
ok thanks please let me get my response ready for you
Ok thanks Ben. I've never used this website before, do I stay on this online chat?
you can do if you want to, or just back shortly
sorry check back
Can I add something else to my initial question or is it too late now?
if it is relevant to the original query
Yes. It is.
Basically after all this has happened I started to panic and get depressed. I told my manager I said give me the day off as sick which he did. I don't feel I can work with all this stress, I just want it resolved and want there reply as there thinking what to do. If this an option that would be great as I don't feel comfortable driving around stressed out.
As there is no specific policy in place to deal with any requirements on hiring vehicles or limits on what you can hire and how long for, together with the fact that you kept the employer updated and were advised by those in charge that your actions were acceptable, you should have a defence to challenge any attempt by the employer to try and make you responsible for these charges. Also there is no clause in your contract allowing them to deduct these costs from your pay so they would have to ask you to pay these voluntarily, which you can refuse to do, or they would instead have to make a court claim against you to pursue this money. However, in doing so they would have to prove that you had negligently and unlawfully incurred these costs and if you had the employer’s consent at the time, then that could be difficult. So in terms of forcing you to pay the money back, that will not be easy and if they try and take it off your wages then it would amount to an unlawful deduction of wages, which you can pursue further if necessary.
However, your rights, particularly against a potential dismissal, will be somewhat limited. I know that you have not mentioned this is a possibility but just so you know, if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So if the employer really wanted to remove you because of what you did, they can fairly and legally do so, without you being able to challenge it. Just bear that in mind in case it ends up that way.
Finally, you cannot force them to issue a response over this but at the same time you cannot be forced to drive whilst you are not feeling confident in doing so. However, if no response is forthcoming you will have to decide whether to continue being off sick, ask for another job which will not be affected as much by your stress or consider if you are eventually ready to return to your original position.
Thanks for this...the question I have is"However, in doing so they would have to prove that you had negligently and unlawfully"I told my manager I can only get expensive cars as this is what is available. Today he said yes I said expensive cars but he was under the impression the expensive cars related to a Vauxhall Astra, not Mercedes, & BMW's.
So does the above mean thats enough proof?
that is difficult to say....after all what is 'expensive' - that could be interpreted in many different ways depending on the circumstances. If for example the costs you incurred were double or treble the usual hire rates then it could be seen as expensive and you may have had to look around for a better deal or something more reasonable. But again, remember that this all depends on the employer actually issuing a claim against you and this is far from guaranteed at this stage
you can tell them that the main factors here are that you kept the company up to date and were specifically advised that what you proposed to do was ok - you did not do anything you were told not to, neither did you go behind the company's back.
it can be considered unreasonable because you are significantly increasing the hire fees so the issue is whether the persons you told and who advised you it was ok were persons in authority to make such decisions
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hi I see you keep coming in and out of chat but have not heard from you, can you please get back to me so I know whether you need any further help or if I should close the question, thank you
sorry not sure if your last question came through in full - you asked if it was a civil matter or some other matter? Can you please clarify what the other type you referred to was?
Yeh hi, lets wrap this up :)
Basically these guys are looking for any excuse for them to give me the blame of what happened however they have admitted they gave me authorisation to use the car hire credit account, and never stated what its limited for. My concern is, they'll be contacting the police saying I committed fraud by hiring expensive cars?
No, this will not be a criminal matter, do not worry about this - it is not fraud as none of this was done for personal gain, for example you did not charge them for an expensive car and then hire a cheap one and keep the difference
Also to add to that am I right in saying its not for personal gain as I hired the car which was used for work related and not personal matter?
yes correct, this is in no way a criminal matter
Fantastic Ben. Right I am very happy with the way you have handled this situation and my questions. Thank You, ***** ***** just ask if I have further questions related to this will I be able to ask you another question or will it go out to someone else?
you can always start your question with 'for Ben Jones' and then it will get to me
Fantastic Ben. Hopefully in a nice way I don't have to speak to you again. (Simply it means its all been resolved)
I wish you the best of luck in life, people like you deserve to be really successful and happy with what ever you do.
Thank You Again
hope so too :) and of course all the best to you too and hopefully all will be resolved to your satisfaction
This investigation with the company is ongoing.
I have just been advised by my managed that they are holding "some" of my pay until they have ran a full investigation.
Please advise is this legal? I get paid tomorrow, and I wasn't given any notice. I got debts through my roof and need the money.
They told me this today, now 6:15pm outside office hours and I cannot speak to them until tomorrow.
Please see the email my manager just sent me.
I get paid tomorrow. Please advise.
Thanks just submitted a new question. It is related to this case however!