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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am asking in regards to help in writing a letter to my

Customer Question

Hi I am asking in regards ***** ***** in writing a letter to my formal employer (***** ***** partnership) basically I left on the 20th may and then got paid on the 26th may I realised my pay was significantly short so I waited for my payslip to arrive to determine why.
When it arrived I saw that They had deducted around £600 from my pay. This was because I had apparently signed up to the cycle to work scheme whilst I was there. I hadn't as I live over an hours drive away from that work place.
Baring in mind I haven't received any confirmation or cheque/voucher for this scheme to even suggest that I had signed up for it.
So upon ringing payroll they said there was nothing they could do as I had electronically signed up to the scheme. I hadn't. But they keep telling me that I had electronically on the 27th of April (no confirmation email to say I did otherwise I would've questioned this sooner)
So I spoke to the partnership leisure benefits who said all they could do was speak to halfords who supply the bikes for the scheme and couldn't refund anything.
I don't know how to proceed.
I am now left struggling to pay bills and having to ring people to ask for an extension on some payments.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long did you work at ***** *****. Also, have you approached their HR department regarding the sign up process?

Customer: replied 11 months ago.
I've worked at that store since oct2015 but have been in the partnership since March 2014
Customer: replied 11 months ago.
they said that it's an electronic signature process after reading the terms and conditions, I have never been to this stage despite them saying I have
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your responses. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. What they have done 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.

They claim that the last one applies but they will have to show that you were aware of what you were signing and that they had made it clear that such deductions would be made. If none of the above exemptions apply, the deductions will most likely be unlawful. You can then consider taking the matter further, such as to the employment tribunal or the small claims court.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue the matter further, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
what would be the next step from here ?
Expert:  Ben Jones replied 11 months 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 11 months ago.
Ok brilliant any tips on writing this letter and structure etc , would be great .
Expert:  Ben Jones replied 11 months ago.

Hi if you need help with drafting a letter that would be a premium service, which of course I can help with, but it will be an additional charge. Let me know if interested, thanks

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