How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6944
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
12609314
Type Your Law Question Here...
Michael Holly is online now

Dear. I'm working for a company since 2011. I was looking

Customer Question

Hi Dear
My name is*****'m working for a company since 2011 . I was looking back on my payslips and I discovered before 2016 every single holiday day was paid 70 GBP although my salary for a working day was at least 90 GBP per day.
Forgot to say I'm a hgv driver working on a skip lorry.
Also unfortunately I did reverse on a car owned by my company in its own yard.
The demage I coused is minor . They put me to pay 599 GBP to cover the cost of fixing.
Is that legal? Can I claim back the money for the time I was underpaid?
Thanks for reading my message hope I hear from you soon.
Kind regards. Z Ganghamer
Submitted: 29 days ago.
Category: Law
Customer: replied 29 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 29 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Michael Holly replied 29 days ago.

Dear Zsolt

If you have been underpaid you can claim the difference even at this stage. There is a procedure whereby you can claim wages owed through the Employment tribunal without leaving your job. This is called Unlawful Deduction from wages procedure so you can threaten your employer with this , assuming they cannot satisfy you that the pay was correct.

Getting drivers to pay for any damage caused to the vehicle they are driving or another vehicle is a very common practice and term in driving contracts. If you are in any doubt ask your employers where in your contract or terms and conditions it says they can do this and ask to see the repair invoice to check the work done corresponds with the damage done .

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

Customer: replied 29 days ago.
Thanks for your helpful answer. I did go through my contract and there is nothing mentioned about any collision unless is carelessness. They hold a video footage about the incident. It's clearly visible I reverse on to the vehicle which wasn't visible in the mirror's because it was in the blind spot. Fortunately a reversing camera is fitted on the vehicle so when I noticed I have a vehicle behind me I applied the brake to avoid the collision. That's why I only touched the bonnet of it leaving a little dent on it.
Can I defend my self as I just explained the story to you?
I believe this is far from negligence an silliness ( this is the reason I have to pay)
Expert:  Michael Holly replied 29 days ago.

The employer would get u under an implied term to take reasonable care with their equipment etc anyway.

U can try but I do not see too much mileage in this.

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 29 days ago.
Thank you. I'm gonna claim the underpaid holidays and request them to cut the cost of repairing
Customer: replied 25 days ago.
Hi Dear
Regarding our previous conversation. I sent an email to my manager who is one of the owner of the company as well. Asking them politely to pay the money they owe me. Also remind them I have the payslips as well.
The email was sent Monday this week. I meet them every day. They not mentioning anything about my enquiry. In other words they react like didn't received my email. Not the first email I sent and she always replied. I don't want to talk about this werbaly unless they asking me. So my plan is to wait for another week. Then I print out the email, write a letter reminding them to the email and give them a date from I go to invite the employment tribunal to view my case. Is this the right way to deal with this? And how long I should wait for them to reply to my enquiry before I go ahead with the employment tribunal?
Thanks for reading. Zsolt Ganghamer
Expert:  Michael Holly replied 23 days ago.

Dear Zsolt.

Since you have already raised it with them I would give them 7 days and no more. Then make your application to the employment tribunal if they have not paid.

Michael