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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
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I am owed money from employer, as contract now terminated can

Customer Question

I am owed money from employer, as contract now terminated can I put court order on company car to allow me hold until amount outstanding is paid
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How much is owed please?
Customer: replied 1 year ago.
The amount outstanding is a total of £10800. This is made up of a project bonus of £200/mw connected as agreed on joining the company total £8900 Approx£1200 in mileage at inland revenue rates to cover me using my personal car when company car was off the road for 3.5 weeks, and £600 in overtime payments due to working a couple of Saturday's in November. I would not have claimed this overtime if the MD had honoured bonus payments as this was supposed to cover any extra hours worked.
I can send full documents to you
Customer: replied 1 year ago.
Documents attached
Expert:  Ben Jones replied 1 year ago.
I would advise against seeking a court order to keep the company car because that will not only attract unnecessary court costs but is also not guaranteed to succeed. The law provides you with protection against an employer withholding your pay and you have options to pursue that separately so the court would expect you to go down these routes rather than seek an order to keep company property, when you will eventually probably have to rely on the other options anyway.
So as mentioned, 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;
• If their contract specifically allows for the deductions to be made; 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 and you can pursue the employer by making an unlawful deduction of wages claim against them.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow should you wish to make such a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. 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: replied 1 year ago.
My employer has agreed to pay the outstanding holiday pay but not the bonus side of things, they are saying as not in my contract they are not obliged to. My argument is that the MD made all aware by stating that the bonus would be paid at X rate for all staff. This was also included in to each project costing for all relevant staff to see. The other point that was made about the structured bonus was the company wanted to delay paying until the end of the year, which again didn't happen.
I have copies of all the project costings which will be made available
Paul
Expert:  Ben Jones replied 1 year ago.
Hello, even in the absence of a sppcific contractual promise for the bonus, there could have been an implied promise to ay it,. For example a contract could be forced through verbal discussions alone so a written agreement is not necessary. It all depends on what was agreed and if the conditions were met.