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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63503
Experience:  Qualified Employment Solicitor
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I am leaving my company on 28 Feb. They have just performed

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I am leaving my company on 28 Feb. They have just performed a vehicle inspection and have informed me that they will be taking £300 from my final salary and they will give me back any money they do not spend on repairs, is this legal?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: HR have just sent the letter today informing me of this
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Does your contract say they can do that?

Customer: replied 15 days ago.
OK
Customer: replied 15 days ago.
The vehicle policy says is non contractual

Ok thanks. This potentially amounts to an unlawful deduction from wages, which is dealt with 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:

{C}· If it is legally allowed (e.g. to deduct tax)

{C}· If it is to recover an earlier overpayment of wages made by the employer

{C}· If the contract specifically allows for the deductions to be made

{C}· If the employee has given their explicit written consent

 

If none of the above exemptions apply, the deductions will most likely be unlawful. To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.

 

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. Before making the claim, ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

 

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also, there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

 

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.

 

Does this answer your query?

Customer: replied 15 days ago.
I was hoping to prevent the deduction rather than have the deduction and then try to get it back
Customer: replied 15 days ago.
It is not properly costed the inspection was made by another employee but there has been no professional or garage assessment or quote

you cannot prevent it so if they want to make it they will, but at least you can warn them that if they do you will be making a claim as above and hopefully that will make them reconsider. Does this clarify?

Customer: replied 15 days ago.
Thank you, yes

All the best

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