Advice for wages deducted.

JamjarsNZ

2 Months ago I walk out of my job as a metal worker in a fabrication workshop. The reson I did so was the fact that I had money deducted from my wages for a perceived mistake I (and others) had made at work. Basically at piece of work had been made to the wrong size and had to be re-made. I was charged an amount, while small, without my written consent and without any warning.

Since leaving the company I have not been paid any remaining holiday pay or owed wages because the company has since deducted repairs to work vehicles damaged accidentially while I was working there. They say that the repairs exceed the wages that they owe me.

I have never had a written contract with the company for the 4 years I had worked for them. My employer has sent out memos to the effect that any damage to vehicles would have to be paid for by the driver responsible but I have never agreed or signed anything to this effect. I had always maintained that if they were to charge me I would leave straight away.

Do I have a good reason to take them to the employment tribunal for my witheld wages or do they have the right to deduct wages without my written consent? I dont want to start something if I may be in the wrong.

Any advice please?

Anihilator

If memos stated that they could do this then its part of your contract as you agreed to it by staying.

JamjarsNZ

Without signing?

wobbley

Anihilator wrote: »

If memos stated that they could do this then its part of your contract as you agreed to it by staying.

So my conditions of work as laid out in my contract of employment can be changed by my boss just sending me a memo? Or are you saying the memo carries legal weight as there is no written contract in this case?

Anihilator

I think in the absence of anything to the contrary (i.e contract) then yes by continiuing to work the OP has accepted these terms.

In your case if your boss did this you could reject the new terms and dependent on your contract this may be ok.

jdturk

i think you could dispute it but if your boss sent a memo out say 1 year befor you walked out stating that any errors maybe charged to you then by your continued working you accepted the change in conditions....then again I'm sure it has to be titled in a certain way but I cannot think how

JamjarsNZ

The memo, I am pretty sure came less than a year ago. He started cracking down during the recession, cut our overtime bonuses, started saying that we had to help the company out to survive the hard times and we would be rewarded after. All the while we were working 70hrs a week, we were flooded with work and the intense workload lead to mistakes.

I know this is not really relevant, all I need to know is my rights to the wages and holiday pay I had earned.

Everyone that worked/works there feels thay have no choice but to go along with whatever policy, via memos the boss decides or you have no other place to go.

jdturk

i used a year as an example, talk to ACAS as they will know better than anyone on here

DVardysShadow

Anihilator wrote: »

If memos stated that they could do this then its part of your contract as you agreed to it by staying.

Arguably. Only arguably. Not definitely.

aj2703

DVardysShadow wrote: »

Arguably. Only arguably. Not definitely.

Did he actually see the memo..?. How can the company prove he did..? If it were me i'd deny any knowledge of seeing any memo...

jdturk

aj2703 wrote: »

Did he actually see the memo..?. How can the company prove he did..? If it were me i'd deny any knowledge of seeing any memo...

he's just posted about it on here so lying would be morally wrong and he should hold the upper ground