Is This Illegal

Paul_VW

My Employers deducted £50 from my wages this month, as one of the vans got a fine in london for stopping on a red route.

Now I only saw the letter very brifely, I am not to sure if it was even on a day when i was driving a van! (and it was in SE13 I dont think I even drive through there). They think it was me as it happend on a Saturday which is when I normally drive it (but I have had about 2 saturdays off in the past 6 weeks)

now my question is can your employers deduct money from your wages without your permission? I think they should have made sure why we got the fine, and who it was first.

I think it is bang out of order TBH

ohreally

It may be an illegal wage deduction. Does your contract allow for this sort of deduction? Even if it does your employer should behave in a reasonable manner and that would ensure you were fully consulted first.

asdaprice

It will be on your personnel file so ask to see a copy

Skiduck

They can only deduct it if you are the only driver of that vehicle, however you would still be able to appeal against the decision from the authorities and you should have the chance to do that.

hjb123

Hi,

Your employers shouldnt take money from your wages without you being notified - check out the ACAS page on this. Is there anything in your contract about deductions etc

kaya

if there is nothing in your contract giving permission for them to take deductions then it plain old THEFT

Paul_VW

I never have had a contract finalised!! (I have been working there a year)

Skiduck

Paul_VW wrote:

I never have had a contract finalised!! (I have been working there a year)

The fault in that lies with both parties, you and your employer both have a responsibility to work under a contract. However as you don't have a finalised contract, I'm sure there is no way they can offer any clause in a contract to deduct this money.
Any HR department worth thewir salt and that have an understanding of employment law, should directly consult you before any charges are made from outside of the company. They are also responsible for performing the correct procedures, irrespective of whether any action is from within or outside of the company. In this case, they have not followed the correct procedures.

Savvy_Sue

the other thing your employer could be in deep mire for is not having a proper record of who was driving what and when.

If it had been a speeding fine, then they would have been required, as the Registered Keeper, to declare who the driver was when the Fixed Penalty Notice arrived. If they'd said it was you, you'd have been sent another FPN. If you then disputed that you'd been driving, they'd be in mire for not keeping proper records - it's one thing for a senior police officer to claim that he 'can't remember' whether he or his wife was driving, quite another for a firm with several drivers not to keep proper records!

But that's a bit different because there are Points on your licence involved, which presumably isn't the case for Stopping on a Red Route.

Ask to see the letter again, ask which date it was, and if it's one of your Saturdays off, you're home and dry. And they ought to have checked that first!

ACAS are good for contract stuff, and Pepipoo are good for speeding offences, with a sideline in other motoring offences.

bumble3130

funny you should meantion this. my friend works as an accountant and shes talked to me about having to do this to van drivers but.....
your company needs to make sure that it was you driving the van at the time via records and speak to you to confirm it,also and show the letter before they decuct any money from you. and also when you started the job they should have warned you that any fines would be taken out of wages.. or it be in contract but i read yours isnt finalised
its very unfair of them just to take this money away without proof. i would go to your manager in person or write a letter and state that you really dont think it was you driving the van and could they please follow it up. £50 is alot of money which you cant be doing without!
good luck and hope you get justice!