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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47367
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son in law has just left a company new job. In

Customer Question

Hi my son in law has just left a company for a new job.
In july last year he went on a training course for the role.
He has just received his last pay from them and looks like they have deducted the price of the course from his wages.
He didnt sign any agreement at the time - so can they deduct this?
Thanks
Teresa
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 was taken?
Customer: replied 1 year ago.
Not sure but looks like about £537.35
Expert:  Ben Jones replied 1 year ago.
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:{C}· If it is legally allowed (e.g. to deduct tax);{C}· If it is to recover an earlier overpayment of wages made by the employer;{C}· If their contract specifically allows for the deductions to be made; or{C}· 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 he can take the matter further. This is your basic legal position. I have more detailed advice for you in terms of the steps he now needs to follow to challenge these deductions, 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
Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry on checking it looks like they have taken £1383.74 and saying he still owes £537.35 .Thank you
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.
Ok so the finished course of action is to email or write to the company (or both).Then if no joy use the tribunal or county court.Can you draft a quick letter for me ?Thanks
Expert:  Ben Jones replied 1 year ago.
Yes you are correct. Drafting of letters is an additional service so if you need a letter then it would be charged separately. I can provide a quote if needed?
Customer: replied 1 year ago.
No that's fine thank you.
Expert:  Ben Jones replied 1 year ago.
No worries, it should be something you can do yourself, you can use the information above to help you

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