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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61737
Experience:  Qualified Solicitor
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Employees deletes company phone with customer data, london,

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Employees deletes company phone with customer data
JA: Where is this? It matters because laws vary by location.
Customer: london
JA: What steps have been taken so far?
Customer: discussed the matter. He says it was an error what steps can be taken
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the messages were on what’s up.
Customer: replied 12 days ago.
The employee resigned on 20 October , his last day was 23 November . We have a IT policy that he had signed . When he left we were following with our customers via his work phone . We found out that all what’s up were deleted . We discover the back up was switched off when he resigned in mid October . We lost conversations with customers since mid October . This has impacted our reputation and brand . We have not paid him his wages for November as we want to know if we are legally obliged to pay as we suffered brand and image loss.

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 his contract say you can withhold his wages like this?

Customer: replied 12 days ago.
Good morning . I don’t think it does

Thank you. If you were to withhold their pay in the circumstances, it will likely amount 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, even if the employee had done something wrong that cost you money. You would instead have to look at civil recovery through the County Court as a separate claim.

 

Does this answer your query?

 

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 10 days ago.
Good evening . Apologies for not replying . Prompt Response was great and clear. Thank you so much

No worries and all the best

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