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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am currently going through acas regarding an unlawful

Resolved Question:

Hi,I am currently going through acas regarding an unlawful dedication from my salary by my previous employer.My previous company deducated £3600 from my final salary for company car insurance over the next 3 years even though I only drove the car for 3 weeks before leaving the company, they have emails from me agreeing to the overpayment charge but I do not feel I should pay this now I have left as I will not be using the car so have no need to be insured on it. I have looked at the company car policy and it contradicts itself as one part shows that the insurance is to be included in the overpayments but in the section "insurances" it says that my previous company "borne the costs of the company car insurance"I havent signed anything agreeing to the charge but they do have emails from me agreeing to the charges and telling them to go ahead with the lease.My agrument is that the car insurance has no baring on the lease and they are not tied into it for 3 years so should not of been included in the first place and that I shouldnt have to pay it while not working for the companyDo I have a case to get my money back even if they have emails showing that I accepted the charges?
Submitted: 19 days ago.
Category: Law
Expert:  Jenny replied 19 days ago.

Hello my name is ***** ***** I am happy to help you today.

Before you left had you agreed to pay the insurance cost in a lump sum or over the period of the 3 years that you were due to have the car?

Customer: replied 19 days ago.
It says in the policy that They can take the figure out as a lump sum from my final payment, the company car policy is not signed by me though and I think they have changed it before sending me a recent copy (I did not keep a copy before).
Expert:  Jenny replied 19 days ago.

Do you know if they have to pay the cost of the whole term of the insurance?

Customer: replied 19 days ago.
They are saying they do have to pay the full term but I know that the car insurance is on there fleet insurance and nothing to do with the 3 year lease agreement
Expert:  Jenny replied 19 days ago.

Ok thanks, ***** ***** you may have a difficulty to be honest with you. A deduction from wages is only 'unlawful' if the employer has no contractual right to take the payment and they do. There is nothing in law that requires an element of fairness. In the even that you have agreed to the deduction in a series of emails (before resignation) and the car policy allows them to take the full amount on termination then technically I don't think that this does amount to an 'unlawful deduction' although I can see why it seems grossly unfair.

I assume that you have not got very far with this going through ACAS which is the reason for this question.

I think that all that you can do is appeal to the employer that it is unfair on the basis that they have taken money for something you will not get the benefit of and ask them to prove that they have had to make the ongoing payment to the insurer.

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