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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a lorry driver, my company told me to go to a motorway

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I am a lorry driver, my company told me to go to a motorway services to change trailers with another driver. I did this & left the services then realised I may have just exceeded the 2 hour free parking period. I have told my transport manager that we may possibly get a fine to which he replied that our managing director will not fines for this kind of occurrence. My question is, can he remove the fined amount from my wages. Regards ***** ***** Sanderson.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.
Hello does your contract state they can do that?
Customer: replied 6 months ago.
I will check, I have signed to say that I understand they can remove bonuses for an accident or non attendance at work, but do not recall anything about this particular event.
Expert:  Ben Jones replied 6 months ago.
Ok thanks if You could please check as that would be important then I can advise thanks
Customer: replied 6 months ago.
Ok, 5mins.
Expert:  Ben Jones replied 6 months ago.
Thanks. I am mobile today so may not be able to reply immediately but will do so today thanks
Customer: replied 6 months ago.
It states willful damage, theft ect, but nothing about this subject.
Expert:  Ben Jones replied 6 months ago.
If they deduct the money from your up then 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.This is your basic legal position. I have more detailed advice for you in terms of the Rights you have in the event that the money is taking from your pay, 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: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 6 months ago.

Thank you. If the deductions are nevertheless made, 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.

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