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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44953
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My company is going through a financial crisis, although

Customer Question

My company is going through a financial crisis, although currently waiting for new investment, the company is Canadian.
They have stated that they will take a percentage from our salary and replace this with company shares which are currently worthless...can they just funds from my salary with out my constant despite my contract???
Thank you
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 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 4 months ago.

How long have you worked there?

Customer: replied 4 months ago.
10 months
Expert:  Ben Jones replied 4 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 4 months ago.

Thanks for your patience. The company will not be able to make deductions from your pay unless they had a specific contractual entitlement to do so or they had your consent. If they do so then they will be guilty of making unlawful deductions of wages and you could pursue them for that money.

However, there is a way around this for them and this is by terminating your current contract and re-engaging you on a new one. As you have less than 2 years’ service with them you would not be protected against unfair dismissal. That means they can terminate your current contract for more or less any reason simply by giving you the contractual notice period you are due under it. Once the notice period expires then they can re-engage you immediately under a new contract which allows them to make these deductions – you would either accept it or reject it and leave the company. So this would be the only way they can legally make these changes, if they do not terminate the current contract then they would likely be guilty of unlawful deduction of wages.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have if they make unlawful deductions of wages, 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

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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