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Jenny
Jenny, Solicitor
Category: Law
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,I worked in a commission paying job months

Resolved Question:

Hello,
I worked in a commission paying job for 18 months which I have just left and discovered that with the new holiday pay ruling (from Nov 2014) that I might be entitled to an increased holiday pay.
When I left the company they messed around for a number of week changing my pay although we had agreed an exit package. This included a deduction for a parking permit that I didn't agree to.
When I took the job, I was told that I had to provide a car, which I did, and that parking would be available at the office. Upon arriving at the job I was then told I needed to pay 50% for a parking permit. I was lead to believe that I had no choice and this money (much to my dismay) was then deducted out of my salary at source. I have been told that as they required me to provide a car, they should have provided parking.
I wanted to understand how I can make a claim for both the holiday and the deduction. Also, would there be a case to get the whole 18 months worth of parking permit deductions as it was so misleading?
Kind Regards
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. With regards ***** ***** deduction did you sign to agree to it or does the contract of employment otherwise allow for it?

Customer:

Hello!

Customer:

Never signed for anything, checked my contract and from what I can see, nothing to allow for it

Customer:

On a very rare occasion, they would send me through a calculation of my pay where they did list the the deduction so I was concerned it might be an "implied term" now

taratill :

when was the deduction made?

Customer:

The deduction was made at source monthly.

taratill :

so was the last deduction made in November? Did you object or say you did not agree to this at all?

Customer:

I left at the end of November and we had agreed an exit package and the deduction that month should have been around £30 (stupid amount really) and they have deducted £42. I categorically told them I didnt want them to take the £42. When I first started, I said I didn't want the money to be deducted from my salary for the parking permit and they said I didnt have a choice. For 18 months they charged me £42 a month against my wishes

taratill :

Ok thanks well the law on deduction is clear that unless you are agree or the contract states that the deduction may be made it is unlawful. The difficulty in your situation is that you may be deemed to have agreed to the deduction , therefore it would be an implied term of your contract, this is particuarly the case if you cannot demonstrate that you objected in writing during the 18 months over which the deduction was made. That said there is nothing to lose in trying to argue it is unlawful if you are also bringing a claim for holiday pay.

taratill :

In respect of both potential claims you need to contact ACAS promptly to engage Early Claim conciiliaiton. You will find the details at http://www.acas.org.uk/earlyconciliation. You only have 3 months from the date that the contract ended to bring the claim so there is not much time left.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

I have one last questions just relating to the implied term. I was essentially tricked into thinking that I had to pay it and they could deduct what they wanted and having spoken to other members of staff, they seemed to experience the same thing. Would it be worth speaking to them for witness statements?

taratill :

Hi yes no problem with doing that but if you intend to take action you need to contact ACAS asap, you can then get the statements afterwards.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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