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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1913
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Just wanted some advice regarding a nhs car salary sacrifice

Customer Question

Hi just wanted some advice regarding a nhs car salary sacrifice scheme I have to leave my current role due to me being only sconded as I was redeployed last year due to covid I could not go back to current role as there was issues regarding how I was redeployed to a ward where I was bullied by the ward manager and my previous role at the time did nothing to help me I now have to hand car back early due to getting other job as no funding for me to stay in sconded role there Is 900 pound fee that I cannot afford and the stated that this will be deducted from my wages can I send u contract to see if any way out of this I was happy to keep the car but was informed that I could not
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No I live in England
JA: What steps have you taken so far?
Customer: I have contacted HR but they stated they will no pay as I still had a job to go to after redeployed but I did not want to return as I was treated awfully I had to sort my own redeployment and received no help when I was bullied on the ward I was redeployed to 2 for 2 days forcing me yo go off sick for few weeks until I was redeployed to research
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 20 days ago.
Category: Employment Law
Expert:  Virtual-mod replied 19 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 19 days ago.
Ok thankyou
Expert:  Ed Turner replied 19 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call.

Customer: replied 19 days ago.
Hi thankyou do u know the charges for the call
Expert:  Ed Turner replied 19 days ago.

I have placed an offer of a premium service phone call through on the portal which states my price.   If you accept, I can pass you my direct email address and mobile number for a detailed document review and discussion.

Expert:  Ed Turner replied 19 days ago.

While I need to see your employment contract and employer's car salary sacrifice scheme to advise with certainty, unfortunately, if your employer has overpaid you your wages or bonus, commission or other incentive (even through their own negligent fault) they are entitled to seek reimbursement from you and deduct the overpayments from your next wage packet, or through several periodic instalments from your wage packets, until you have repaid the overpayments in full.

You as employee will not have accrued a cause of action in law for breach of contract or unlawful deduction of wages as overpayment of wages by mistake is one of the exceptions whereby an employer may deduct wages from an employee.

Furthermore, if you refuse to repay your employer the overpayment, this may be fair grounds for them to dismiss you for breach of contract and gross misconduct and sue you for the overpayments in the county courts.

There is some useful guidance on the ACAS website: https://www.acas.org.uk/check-if-your-employer-can-make-deductions-from-your-wages.

My recommendation is that you accept the situation and come to an amicable arrangement with your employers whereby you agree to repay the overpayments in monthly instalments with deductions from your future wage packets for, say, the next 6 – 12 months, depending on the amount of the overpayments and what you can afford to be deducted from your monthly wage packet.

Expert:  Ed Turner replied 19 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 19 days ago.
Hi I tried that but they said it goes to debt collection and iam in process of mortgage application I don't feel I should have to pay the 900 as if I was not redeployed in first place and if I had received support in my previous role I would not have had to move trusts as no funding for secondment
Expert:  Ed Turner replied 19 days ago.

You must deny the claim on the basis the £900 is not due under the contract for the reasons you have given and you are not liable for the amount claimed.

If the employer claims the monies as a debt, you must deny the debt and state the monies claimed are a disputed damages claim.   The employer will have to issue contested Part 7 Court Proceedings for damages for debt and/or breach of contract plus interest and legal costs as opposed to following the undisputed debt recovery route of serving you with a Statutory Demand for repayment in the debt in full within 21 days prior to filing a court petition for your Bankruptcy.

Thereafter, you are in a bit of a tricky spot.   If you refuse to pay up, the employer may pursue you for damages through the Civil County Courts.   However, the onus will be on the Claimant to enforce their legal rights against you.   Whether or not they take any action is up to them.   I cannot advise you directly upon whether the Claimant will in fact take any recovery action against you as I do not know what is in their minds.

In addition, the amount claimed of £900 is comfortably within the Small Claims Track threshold of £10,000 damages.    Even if the Claimant issues Court Proceedings against you for this amount, plus interest, and wins at a fully contested Trial, they are unlikely to be awarded their legal adviser’s costs of the Claim.   Legal advisers’ costs are generally not recoverable in the Small Claims Court: only Court fees for issuing the Claim and for the Final Hearing.

Nevertheless, the Claimant may be well-versed in such low-value recovery action against defaulting customers or may be able to instruct legal advisers for a low fixed fee to litigate the entire Court Proceedings on its behalf making it economic to claim against you.

I suggest negotiating a discontinuance of the contract on mutually agreeable terms with the Claimant.

Customer: replied 19 days ago.
Ok thankyou I can send u contract if u need to see it just incase there is a clause
Expert:  Ed Turner replied 19 days ago.

Please do.

Customer: replied 19 days ago.
Hi Ed thankyou can send around 4.30 in work and it's at home
Expert:  Ed Turner replied 19 days ago.

Can you accept my offer of a premium service phone call and then I can pass you my direct email address and phone number so that the remainder of our discussion is completely confidential.   Thanks.

Customer: replied 19 days ago.
Hi yes but will have to be when I get home around 5pm
Expert:  Ed Turner replied 19 days ago.

That is fine.   I can speak to you later this evening or tomorrow.