Ask a Law Question, Get an Answer ASAP!
Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. I am sorry to hear about your partners circumstances, the Employment Rights Act 1996 (ERA) protects employees and workers from having unauthorised deductions made from their wages.
If you do not wish to accept the current offer you could bring the claim to an employment tribunal the claim should be brought within three months, from the date of payment from which the deduction was made. Where there is a series of deduction, the time limit begins with the last deduction in the series up to a maximum of two years.
The first step would be to contact ACAS on the following link: https://tell.acas.org.uk/
That will not be a legitimate defence to not repaying back all the monies owed.
For example if the company had been making overpayments instead of underpayments, they would be entitled to claim back every penny that was overpaid.
Therefore your partner will be entitled to claim back all the monies owed, the only point to note is that tribunal claims can be lengthy currently around 10 months for a final hearing so you may wish to bear this is mind when considering which option to proceed with.
Hopefully I have answered your question but if anything remians unclear I will be happy to assist you further.
Glad to be off assistance and that you managed to resolve the matter without any further action.