Advice for wages deducted.

aj2703

JamjarsNZ wrote: »

Hey, thanks for hijacking my tread into a personal slag off!

I am not planning on lying about anything, I just wanted some advice for the situation I am in, not how I can best get around the rules.

It seems it comes down to the memos my boss sent out and wether they constitute a change in working conditions even though I had no contract or had not agreed to the terms of the memos.

Then as has been said, you carried on working after the memos were issued. Therefore it would be deemed an acceptance of it which really leaves you no route to go. I would however ask to see proof of the cost of this repair work to the company vechicles they claim you have had to pay for. Your post isn't really clear in that you say this...

"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."

Do you actually use the work vechicle/vechicles..?. How many of you use them..?. How many staff have the deductions been made from...? Have deductions still been made from the staff who still work there.

I reckon he probably hasn't even had the vechicles repaird, but used it as an excuse not to pay you.

JamjarsNZ

Yes I drove the work van and put a couple of dents in it, he has sent me the quote for the repairs. Others were asked to pay for their dents. I can say that almost 100 pecent that he wont actually have them repaired.

It seems like I was screwed from the start, if I refused to drive the vans I would have been fired, I do drive it, accidentially put some dents in it and I lose the wages I earn for doing the work.

Is not what insurance is for? By making me drive and be responsible for accidental damage I don't have and insurance to protect me for these things, I feel I am subsidising his insurance.

aj2703

JamjarsNZ wrote: »

Yes I drove the work van and put a couple of dents in it, he has sent me the quote for the repairs. Others were asked to pay for their dents. I can say that almost 100 pecent that he wont actually have them repaired.

It seems like I was screwed from the start, if I refused to drive the vans I would have been fired, I do drive it, accidentially put some dents in it and I lose the wages I earn for doing the work.

Is not what insurance is for? By making me drive and be responsible for accidental damage I don't have and insurance to protect me for these things, I feel I am subsidising his insurance.

Quote for repairs is no reson to stop your wages in my opinion. After all how can he stop your wages for repairs if he never actually gets the repairs done. If he does and the cost is what he says then fair enough, but as you say you are almost 100% sure he won't. I would send in a letter telling him you want to see the actual repair bill for work done, not quotes, and if he dosen't send it threaten a small claims court claim to recover your money. Dunno if you can legally take him to court for it, but it is what i would do.

woody01

Why would you quote me on something i haven't even said? You et weirder by the second.

You are just so painfully, unbelievably thick.

jdturk

woody01 wrote: »

Why would you quote me on something i haven't even said? You et weirder by the second.

You are just so painfully, unbelievably thick.

Come on Woody and AJ, this is someone elses thread and your argueing has gone on for more than a couple posts so can you two please drop it.

thanks

mr.savage

Anihilator wrote: »

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

absolute bullocks!!:rotfl:

aj2703 wrote: »

Then as has been said, you carried on working after the memos were issued. Therefore it would be deemed an acceptance of it which really leaves you no route to go. .

more of the same!!:rotfl:

lets make it crystal clear for the " experts " .
The only deductions an employer can legally make are:
Tax
National Insurance
Court Order
OR whatever you agree to in writing, with your signature.
ANYTHING ELSE IS AN ILLEAGAL DEDUCTION.

aj2703

mr.savage wrote: »

absolute bullocks!!:rotfl:


more of the same!!:rotfl:

lets make it crystal clear for the " experts " .
The only deductions an employer can legally make are:
Tax
National Insurance
Court Order
OR whatever you agree to in writing, with your signature.
ANYTHING ELSE IS AN ILLEAGAL DEDUCTION.

Really...? I never knew that, i always thought that if you never objected it then you agreed. Can you show me a link to where is says different...

mr.savage

aj2703 wrote: »

Really...? I never knew that, i always thought that if you never objected it then you agreed. Can you show me a link to where is says different...

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

It really wasn't that hard to find, although i will say i stand corrected.:o
there are some things that have been added since i last had to check what was allowed to be deducted from wages.
even though, none of what the OP describes should have been deducted.

dro

mr.savage wrote: »

absolute bullocks!!:rotfl:


more of the same!!:rotfl:

lets make it crystal clear for the " experts " .
The only deductions an employer can legally make are:
Tax
National Insurance
Court Order
OR whatever you agree to in writing, with your signature.
ANYTHING ELSE IS AN ILLEAGAL DEDUCTION.

Before you criticize people for giving incorrect information, perhaps you should check that you are not doing the same thing. There are other instances where it is legal for an employer to deduct from wage; for instance recovery of a previous overpayment of wages.

I think the issue in this example is whether the memo specifically said that the cost of repairs to company vehicles and for putting right mistakes could be deducted from wages and whether the memo could form part of the contract of employment.

I would suggest that your best course of action would be to give ACAS a call or speak to an employment lawyer for advice.

Oldernotwiser

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...

Perhaps most people are more honest than you are?