Boss has deducted expenses from my final salary - help!

doc1011

I recently changed jobs, and was unexpectedly sent home on gardening leave halfway through my notice period. That morning, our Accounts Dept Manager had given me a list of expenses on my company credit card for which they had not yet received receipts. I phoned the companies in question, and was told that they would fax or email receipts to me.

Later, my boss called me up to his office, tells me to go home and that he is going to pay me up to my notice period, but if they don't receive receipts I was asked for earlier, they would deduct it from my salary. I told him that I had already phoned the companies concerned, and that I had already got some of the receipts.

I went home and heard nothing more from the company, so I presumed all was well. Until I got my final wage slip showing £800 of deductions.

I immediately got in touch with our accounts dept, told them that obviously some of the companies hadn't sent the receipts or that the faxes may have been lost in our busy sales office. She says to give her half an hour.

I then get a fax from my boss saying that as discussed on my last day in the office, they would deduct 'unjustified' expenses from my account.

I realise I could have phoned to check that all the receipts had indeed been faxed through to our office and I regret it now.

But can he withold my pay, and not give me the chance to chase up the companies concerned? Afterall, he could only claim back the VAT from the receipts.

Help cos this is a financial disaster for us!

philip

I am afraid that your employer is entitled to withold these unvouchered expenses payments provided it is in our contract( and this can be express or implied).
I have always found ACAS very helpful in these kind of situations which are never clear cut. Give them a ring. You will find the local office in the tel directory.You may end up going to the Industrial Tribunal, which is time barred, so get a move on.

oops_a_daisy

definately contact ACAS. I had a similar problem when a claim for an expense which had been authorised was deducted from my final salary. You can not do anything about expenses as they are not covered but you can do something about salary - that was the way that I took my ex employer to a tribunal - for unlawful deduction from wages ( or something like that ). They settled a week before it was due to be heard.

all the best and good luck

linlin_3

From the employers point of view you've run up £800 of expenses without receipts. I'm not sure how anyone can do that, but the company cannot claim those expenses without receipts. If they're genuine business expenses, it shouldn't be that hard to get receipts. Once you have them, your salary can be recalculated.
Easy!
"But can he withold my pay, and not give me the chance to chase up the companies concerned? Afterall, he could only claim back the VAT from the receipts" - not the case. With receipt the company can claim back 100%

doc1011

Well, I have been to the CAB, and unless he sent me a list of expenses (and after a couple of hire cars and flights, 800 quid is easily spent) and I then sent him a letter of consent, then any deductions are unlawful.

I threatened him with an employment tribunal, and he has replied saying that the deductions were not unreasonable (They were ILLEGAL!!! Tch!!), but as a gesture of goodwill (Not because it was illegal then!) he will refund the deductions in the next 28 days, along with a new P45.

Can I speed this up?

philip

Glad you're making progress.
In reality can't see that you can speed this up.Hope that you have got his promise in writing. If not I would write to him confirming the conversation, thanking him for his cooperation and acceptance that the money was due to you, and telling him that whilst you do not accept the need for a 28 day delay,as the money is urgently needed, if payment not received you will refer to Ind Trib without further notice.

philip

Just to confirm what CAB told you, an employer cannot make deductions from your pay without your express consent.This is why, correctly, you were told it is illegal.Def a matter for the Tribunal if employer plays silly !!!!!!s