Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    laursi090
    Husband has left work, they have deducted all his wages!
    • #1
    • 7th Dec 12, 6:47 PM
    Husband has left work, they have deducted all his wages! 7th Dec 12 at 6:47 PM
    • Basically, my husband is paid 4 weekly.
    • He handed in his notice, followed company procedue and left his position (hes found a new job)
    • we were expecting his last paypacket on the 5th dec
    • having checked bank account he hadnt been paid, although he was due 2 weeks wages plus holidays
    • after recieving his wage slip it revealed he was indeed paid £420. however all his wages had been deducted.
    • after phoning up the HR department he was told he'd used all and more of his holiday entitlement.
    • me and my husband are certain he has not used up all of his entitlement.
    • we have briefly worked it out he has used 21 out of 22.5 holiday days.
    • what can we do about it??
    • weve phone up the payroll department but keep getting passed on from pillar to post, they say he needs to 'discuss' with his ex manager (they are not on great terms which is part of the reason he left) however we have not been sucsessfully in contact with him yet.
    • surely they cant just deduct all his wages!! we are now living on the bread line and how now idea how we will pay the rent.
    Thanks any input would be great...
Page 1
  • Osarkon
    • #2
    • 7th Dec 12, 6:55 PM
    • #2
    • 7th Dec 12, 6:55 PM
    Sometimes the holiday entitlement is accrued throughout the financial year, so depending how far into the year he was it would dictate how many days holiday he'd have been entitled to.

    E.g you couldn't take the whole entitlement and then leave in a month.

    Hope that makes some sense?
    • zzzLazyDaisy
    • By zzzLazyDaisy 7th Dec 12, 7:02 PM
    • 12,135 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    • #3
    • 7th Dec 12, 7:02 PM
    • #3
    • 7th Dec 12, 7:02 PM
    IF he has indeed used all his holidays and more besides, then yes, the employer is entitled to deduct any over-paid holidays from his final salary payment.

    You need to double check his entitlement.

    Assuming he works full time, he is entitled to 28 days statutory holiday pay in the company year.

    So you need to check when the company year runs from and to. For example, if it runs 1st April to 31st March he has only worked 9 months, so would only be entitled to 3/4 of the holiday allowance. But the holiday allowance includes bank holidays, so you must deduct all paid bank holiday leave taken during that time, to see how much available annual leave is left.

    Remember also that there have been a few 'extra' bank holidays this year. Some employers have given these as extra days, but they are not obliged to.

    Similarly some employers give a more generous holiday allowance - but if that is the case you need to check the situation on leaving part way through the year, as the employer id only legally obliged to meet the basic statutory minimum, so anything extra is down to the wording of the contract.

    Please note; I am not an official CAB Representative. The CAB reps do not post at weekends. AS they aim to reply within two working days, this means that you should get an official response early next week.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • laursi090
    • #4
    • 7th Dec 12, 7:07 PM
    • #4
    • 7th Dec 12, 7:07 PM
    Hi, thanks for your replies,
    I forgot to say, the year runs from Jan to Jan, He is entitled to 28 days but as he left in November he was told by HR he was entitled to 22.5
    hes used 21.
    also he is entitled to leiu days so every bank holiday hes worked he gets an extra holiday day. hes worked 6 (including last christmas).

    Im not particulary fussed about being paid extra holiday days he owed, what i do want its the wages he has actually worked to be paid to him.

    the money they have deducted from his wages is wrong. we know that. we just dont know what we can do about it?
    Thanks x
    • zzzLazyDaisy
    • By zzzLazyDaisy 7th Dec 12, 7:16 PM
    • 12,135 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    • #5
    • 7th Dec 12, 7:16 PM
    • #5
    • 7th Dec 12, 7:16 PM
    In that case he needs to write to HR setting out clearly what he is owed and how he has calculated the figure. For this purpose he will need to show how he has calculated his holiday entitlement, in order to show that the deduction from his wages is unlawful.

    State clearly that you require a cheque for the money owed by [insert a date 7 days after expected receipt by HR], failing which you will commence employment tribunal proceedings for unlawful deduction from wages without further notice.

    If you have been corresponding by e-mail, it is fine to e-mail the letter, but you should also post it (preferably by special delivery which will ensure that it reaches the company the next working day).

    If that doesn't do the trick, you should start tribunal proceedings. There is no cost, and ACAS will mediate on your behalf so hopefully it wouldn't actually get to a hearing.

    There is a strict time limit for ET claims - three months less one day.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • laursi090
    • #6
    • 7th Dec 12, 7:34 PM
    • #6
    • 7th Dec 12, 7:34 PM
    Thanks zzzLazyDaisy,
    Its been quite a struggle with this emplyer for a while now. My hubby has worked for them his whole working life (10 years). this year he had an accident at work where he had emergency surgery. we are in legal proceding with them currently over this matter, they have admitted liability and we are awaiting further information.
    It feels as though since this incident the employers have just wanted rid of my hubby.
    also, hubby had holiday booked in june (2 weeks) however this is around the time of the above accident and he had a sick note covering the time he had orginally booked of. we dont know if they have taken into account the sick note.
    We just cant justify why they have deducted his entire wages.

    Thanks for all your help
  • whitepaper
    • #7
    • 8th Dec 12, 12:46 PM
    • #7
    • 8th Dec 12, 12:46 PM
    ...the money they have deducted from his wages is wrong. we know that. we just dont know what we can do about it?
    Thanks x
    Originally posted by laursi090
    Has he asked them to explain it to him?

    They seem to have explained the holiday situation, and from what you have relayed, I can't see any way they could have deducted an additional 20 days ... unless your husband has actually taken 40+ days holiday this year.
    I can't believe that is the case, or that his employer would have sanctioned it.

    Get him to ask them on Monday and post back then when you have the full details
    I'm sure there is a simple explanation.
    Agreement of days worked and days taken as holiday shouldn't be too difficult; the employer should have the relevent records.
    Last edited by whitepaper; 08-12-2012 at 12:51 PM.
  • laursi090
    • #8
    • 13th Dec 12, 7:36 PM
    • #8
    • 13th Dec 12, 7:36 PM
    Hi, bit of an update of whats happened since:

    Hubby found out what 'extra' days he been put down to of suppose to have taken holidays.

    hes luckily kept a diary of exactly what hes worked this year and all his shift patterns, so can clearly see what he has and has not taken.

    Looks like mistakes have been made and to get it resolved he needs to talk to his area manager.

    My hubby used to work for a well known pub chain as assistant manager.

    After having a telephone conversation with the manager, he has now turned round and said due to a cash loss from the business my partner used to work at on his last day, he is still not getting any wages paid to him!

    Surely a manger cannot just turn around and say that??
    NO money was missing the day husband left and no one has raised an issue with the cash until now. untill hubby has proved his days on/off.

    weve wrote out grievence letters to hr and other more senior managers in the hope to get it sorted.

    Weve also contacted an emplyment tribunal who should be calling us back in the next couple of days.

    It feels as though its us agasint this huge company. what chance have ew got.. Causing mother of all arguements in our house. we are just hitting our heads against the wall.

    Thanks
    • BobQ
    • By BobQ 13th Dec 12, 8:08 PM
    • 9,699 Posts
    • 12,602 Thanks
    BobQ
    • #9
    • 13th Dec 12, 8:08 PM
    • #9
    • 13th Dec 12, 8:08 PM
    If they have not complied with the law you have a good chance of winning against the huge company.

    Unlawful deduction of wages is a breach of employment law and taking them to an Employment Tribunal will focus their mind on what they are legally allowed to do.

    Do not let them drag this process out so that you miss the chance to take them to an ET. You can submit an ET claim without waiting for them to respond to a grievance.

    Not sure why CAB have not yet responded but you can get a lot of useful information on their website.

    http://www.adviceguide.org.uk/
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • laursi090
    Hiya BobQ - thanks for your reply. We rang a tribunal today but they have told us we need to contact Acas first, does this sound about right?

    They are going to phone us back asap.

    Trouble is all this doesnt help with the distress and lack of money around christmas time
    • zzzLazyDaisy
    • By zzzLazyDaisy 13th Dec 12, 8:18 PM
    • 12,135 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    You do not need to contact acas first. However, the tribunal office does not offer advice or assistance with employment related problems (apart from dealing with the legal proceedings once a claim has been made). That is the role of ACAS, and I suspect this is why they suggested that you contact ACAS.

    You do need to write to the employer clearly stating what is owed and how you have worked this out, and giving them a reasonable time to respond (see my post above). If they do not pay up, then you should start employment tribunal proceedings, which you can do on-line.

    I don't know why CAB hasn't replied to you yet, but as it is now outside their target time limit, perhaps you could PM the board guide in case your post has been overlooked.

    Dx
    Last edited by zzzLazyDaisy; 13-12-2012 at 8:20 PM.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • CAB Malvern Hills representative
    Hiya BobQ - thanks for your reply. We rang a tribunal today but they have told us we need to contact Acas first, does this sound about right?

    They are going to phone us back asap.

    Trouble is all this doesnt help with the distress and lack of money around christmas time
    Originally posted by laursi090

    Hi

    You have done the right thing in trying to negotiate with his former employer to get to the bottom of the matter. If you have put your request for the outstanding wages in writing and they do not respond then an application to an Employment Tribunal can be be made (on form ET1 ) on the grounds that your husband has suffered an unauthorised deduction from his wages. There is usually a three month time limit for making a claim to an employment tribunal. The time limit starts from the date when the deduction was made.

    The factsheet below ( employer withhold your pay )explains the law in respect of this situation. Your local CAb should also be able to give your husband you guidance on the process and on filling it in /checking the exact amount outstanding. They may also be able to negotiate with your employer to resolve the issue without the need to go to an ET, so would suggest that you visit them for help with this. If it has to go to an ET it won't get resolved very quickly so it is worth a visit to your local CAB to see if they can intervene directly on your husbands behalf

    http://www.adviceguide.org.uk/england/work_e/work_factsheets.htm
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

500Posts Today

4,586Users online

Martin's Twitter
  • RT @iiSteveJonesii: @MartinSLewis After watching you talk this morning about me burning £300 I got on a comparison site tonight & sure enou?

  • In or near York? This Wed the @itvmlshow Roadshow" will be at the York Food & Drink Festival - do come and say hi; St Sampsons Square 11-4.

  • It's the subtle poetry and lyricism of tweets like this that I find so endearing https://t.co/XhSKBCGyXe

  • Follow Martin