Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What is the £288 supposed to cover - bills only or the value of the phone? Also who is the named person on the contract - you or the manager?
Thank you. It is correct that the phone will be the property of the company, or at least the person whose name is ***** ***** contract, so you will not be able to keep it just because you have had to pay this amount. Paying for the contract every month does not provide an entitlement to keep the phone at the end of the contract, it would be for the use of the phone during that time.
However, as you are not in any contract with the employer or had agreed that you will be responsible for the contract for a minimum term, you should not have been charged this amount or had it deducted from your wages. Unless the contract you had with them allowed them to do this, ACAS are correct that this is an unlawful deduction of wages. What you should do is that you make attempts to return the phone now and pursue them for a refund of the money deducted. Ideally this should be arranged directly between you and them, but if they refuse to then keep the phone for the time being and consider making a claim to get the deductions back, then if you get them back, which you should, make arrangements to return the phone.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you are to pursue them for the return of the money, 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
not quite, the phone is not your property even if you have paid that money but you have paid the contract fees to use it so you can keep it for the duration of the period for which you have been charged - after that it will have to be returned
yes you can because you had not agreed to be bound for any specific term. So you either return the phone now for exchange with the money, or keep the phone if they refuse to refund you and if eventually they do so, then you can return it. You would have to return it once the term you paid for expires anyway, assuming they did not refund you for it and you did not pursue them for a refund
no problem at all, it is what I am here for, all the best