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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Mr Jones I left the employment of a company at the end of July this year. When I rec

Resolved Question:

Hi Mr Jones
I left the employment of a company at the end of July this year.
When I received my final wage slip from them they had deducted £620 from my earnings for “Vehicle Repairs”.
I contacted the company as soon as I was aware of the deduction saying that I disagreed with it, saying to them that I was covered for any damage by their “BillPot” point’s scheme for some of the time. (“BilPot” points was a system where the company awarded points for each completed jobs and other things, these points could then only be used for inclusion into their long term sickness, cover for vehicle damage and to buy tool vouchers etc, they had no monetary value.)
The company chose to stop giving their “BilPot”points some time ago but earned points were still valid to use. When I took possession of the vehicle in question I was still has sufficient points for the cover of it. The following year I did not have enough points left to cover anything as no new points were being given.
When I left
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Do you have a specific question about this?
Customer: replied 1 year ago.

I cannot see your answer?? All I can read is about 9/10th of my original question.

Expert:  Ben Jones replied 1 year ago.
Hi I have not been able to answer your query yet as I have not heard back from you after asking the initial question above - I needed to know what your specific query about all this is? I think your original post may have been cut short - please check above, thanks
Customer: replied 1 year ago.

Hi Mr Jones

When I left The company at the end of July they estimated damage to the van at being £620, they had not inspected the vehicle at the time when they informed me that I had insufficient points left for the cover.

My question is: they have charged me for damage which had happened while I had cover, none of the damage was major, just small paint scratches and stone chips etc. which I considered were fair wear & tear, the company are no longer responding to my communications via email and I have no alternative than to seek legal advice on the matter as I feel that they changed the terms of my employment with them by terminating the scheme, is there a good case to challenge them.

Thank You,

Martin Asher

Expert:  Ben Jones replied 1 year ago.
Thank you and one final question - did your contract state that they could make deductions from your pay to cover such damage?
Customer: replied 1 year ago.

Hi Mr Jone

Yes, but the terms were not changed when they stopped the points system, so when I signed a contract of employment I had the cover to pay for any damage, they did not ask for a new contract of employment to be signed and as I stated before they did not inspect the vehicle when my points ran out.

Hope this helps

,

thanks

Martin Asher

Expert:  Ben Jones replied 1 year ago.
Hello Martin, at this stage it would be too late to claim that they had changed your terms without your agreement as this is something that needs to have happened at the time, not a year later. By not challenging this officially once the changes were made, you have effectively accepted the changes. So the key now is whether these changes would have entitled the employer to make the deductions in question and if the circumstances where this was allowed were present.
Should you wish to pursue this further then this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
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.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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