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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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I have worked for my company for over 33 years. Three years ago was made a director. Since then the 'owner' has retired and his son become managing director.
For over 10 years they have paid my season ticket .
I move away from my original home out of London thus in dressing the cost. I agreed to pay additional cost.
Dispute over two years of request by me to pay this ticket in a different manner it has been consistently ignored.
In January without my permission or agreement they deducted 12th of the total cost of my ticket. I did no discuss this with them agree to it nor was I consulted, I have emailed, talked to text and left notes for my MD to discuss this he continues to say 'oh tomorrow' 'oh next week' etc it has now been deducted three times from my salary and a meeting rescheduled three times this week has just been cancelled by him!
This has caused me considerable hard ship as I have now missed two mortgage payments and incurred bank chargesetc.
I have also discovered and mentioned to him that for a three year period it would appear the company forgot to pay my pension, I had my portion deducted and paid as agreed but they failed to make their payments .
I am extremely concerned , am a loss as to what to do. Where do I stand legally and what can I do.
Thank you for your assistance.
Hello does your contract state such deductions can be made?
Customer: replied 2 years ago.
I have no contract of employment in writing with the company as I Saudi I have worked there for over thirty years and they have paid the ticket as part of my salary package for last 14 yearsbor so.
Customer: replied 2 years ago.
When can I expect an answer
Is your employment governed by UK law?
Customer: replied 2 years ago.
Yes I work for a uk Ltd company I work in central London the company accounts are audited by a London based firm and lodged at company house so yes I guess I am / do as an pain by a uk bank into a uk bank account and pay tax and national insurance in uk where I am a resident
This potentially amounts to an unlawful deduction from wages, which is made illegal 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 their contract specifically allows for the deductions to be made; or{C}· If the employee has given their explicit written agreement for the deductions to be made. If none of the above exemptions apply, the deductions will most likely be unlawful and you can take the matter further if needed. This is your basic legal position. I have more detailed advice for you in terms of the options you have to pursue this, 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 I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 2 years ago.
Can you please provide me with the options you mentioned above also I would welcome you comments of their failure to pay into my pension as agreed (they had previously) then stopped for two years (then restarted and have continued to do to date) the company secretary was the retired bosses wife was over 85 years old when she was doing the pension / wages . But it is her son the md who took over in January that has made these deductions without my agreement or authority . I would agree that they could deduct the difference if the amount of the fare from my old address to where I am now - but this was not agreed or discussed they have just basically taken over 1/5 of my salary with out my consent also by not staying season ticket loan next to the deduction they have made me liable to pay more income tax too. I would welcome your suggestions and thoughts .
Thank you. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. 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. To make the claim, form ET1 needs to be completed and submitted - you can find it here: County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this. As to pensions, these are not wages so the tribunal is not an option but the county court is.
Customer: replied 2 years ago.
Thank you , I am in a very difficult position as I am a director. I will email my MD this evening stating I want a meeting tomorrow at which point I will give him the letter if we are unable to resolve the issue. I am currently of the opinion that following his mothers death and fathers retirement and having gained control if the business he would like me 'out' and is currently trying to do this by making my working conditions very difficult. I note your comments and thank you for your assistance I will be in touch should I heed to in due course. John
If you feel that you are being forced out then that could amount to constructive dismissal, which you can claim for in the tribunal as well. If you get to the position where you feel you have no option but to leave, let me know and I can discuss your next steps.
Customer: replied 2 years ago.
Hi BEN dispute a pre arranged meeting this morning with my MD this morning which was cancelled I did manage to catch him briefly this afternoon. Instated i had taken advise and that they should not have made the three months deductions . I pointed out it has caused me considerable hardship - unable yo spy my mortgage and other bills and I've incurred bank charges too. I am basically not able to live on the amount they have paid me. I previously mentioned we moved from Surrey to Sussex and I had for the year 2014/2015 paid the difference of the fair my self and that this had been agreed. He stated he felt by moving any such contract would be cancelled. The company knew I was moving and never mention it causing a problem. He was rather dismissive. I failed also to point out to him today that after reviewing my payslips over the last 8 years the company have failed to or made incorrect pension payments .... I have been told this amount (over£5k) would probably have increased in value by over 50%. . I am going to write and email him the letter you suggested tonight, mentioning too that I had gone into work whilst signed off for stree against stress caused by his lack of communication and refusal to address the season ticket issue since I first queried it on January 25th. Based on what he has said today and me telling him that I am unable to live on the dramatically reduced amount due you think it is worth me mentioning constructive dismissal or anything else .Thank you for your assistance. I await your reply. Thank you again . John
Customer: replied 2 years ago.
Sorry about typos on train and keep loosing connectivity.
Customer: replied 2 years ago.
Ben can you see the above