Can my employer legally take all of my salary and leave me with nothing to live on

SarEl

hardworker2010 wrote: »

Its an absolute last resort because I still have a family to feed - if they go ahead and take this money then I will still need to come up with money to pay rent and bills and I have offered a payment plan which they are refusing - so what am I to do???

I do not wish to appear unsympathetic - but as others have pointed out here, you knew that you had a lease car agreement that required paying for during the time that no deductions were made; you made no attempt to save this money that you also knew was not yours because it was an owed debt: you also knew that these payments were due and would have to be made; and you chose to leave your employment whilst owing the employer money. Why do you think that your employer should be more sympathetic about your not paying them the money you owe them than, say, the bank or some other creditor? You are understandably concerned about how you will pay your mortgage and your bills - but this is another bill and you knew it would have to be paid just like all other bills. Employers are not loan companies, and they aren't indebted to you because you chose to work for them.

So you need to ask for an appeal about whether the employer will permit the amount owed to be repaid over a longer period, and explain why you don't have the money and how the offer you are making is reasonable. But if they refuse then they have a right to do that, so you may have to consdier taking out a loan to tide you over and cover essentials - and hard though it may be you may need to cut your cloth over expenses and Christmas this year. Like anyone else owed a debt, the employer doesn't care what other money you may owe, they just want their money back.

Gordon_Hose

hardworker2010 wrote: »

I did raise it with them but they said they were still waiting for information to be passed on from my last employer this is why it took so long to set up the payments

But you knew you'd have to pay it. You should have put aside the payments until they'd set it up, that way you wouldn't be in the situation you find yourself in now.

Sorry, but sometimes it does take a while to set things up, and any number of things can delay it. But you can't expect to use a lease car for X months without paying for it.

I assume you've spent the extra £300 a month?

callow

I know you say that working while off sick is a last resort, but a registered nurse you will find that you will risk lose your nursing registration for doing so.

You only need to look at the NMC hearing site to find many cases of nurses working while off sick and the consequences they suffered.

Googlewhacker

Gordon_Hose wrote: »

Your employer putting your house at risk for the sake of a lease car. That seems pretty harsh.

Saying that, the OP should have put the money aside when they failed to deduct the payments for the car. It not a nice thing to happen at this time of year, but it's the individuals responsibility to ensure these things get sorted ASAP.

As you say, its not the employer putting the house at risk it is the OP.

An employer if they can wants to guarantee that they get their money back, if they accept your payment plan and you default it will be a pain for them to get their money back.

barbie_babe

can you ring and ask them to split the debt between Dec and Jans pay. That way at least you will have 600 extra this month.
Is the 1500 your full pay or will you have anything left if they did still take it all.

Gordon_Hose

Googlewhacker wrote: »

As you say, its not the employer putting the house at risk it is the OP.

An employer if they can wants to guarantee that they get their money back, if they accept your payment plan and you default it will be a pain for them to get their money back.

Yeah, I know...it just seems a bit harsh to put someones house & family at risk. A payment plan would seem the best option to me, that way everyone is happy.

Googlewhacker

Gordon_Hose wrote: »

Yeah, I know...it just seems a bit harsh to put someones house & family at risk. A payment plan would seem the best option to me, that way everyone is happy.

Only if the OP does pay and as there are no guarantees then the employer would be happier knowing that they are getting their money back

Caroline73_2

hardworker2010 wrote: »

Are they legally allowed to take all my salary and leave me with nothing to live on despite me agreeing to set up a payment plan. I am in a good mind to call in sick for the rest of this month and get a cash in hand menial job so I am able to give my family a decent christmas.

Please help!!!

You are a disgrace to the profession.

Why didn't you put aside the £300 each month when they weren't taking it?

I left an NHS job and my leaving form went missing so I got paid for an extra month. I knew it was wrong so put the money aside and let them know. When they got around to sending me the details to pay it back it was ready waiting for them.

Uncertain

Caroline73 wrote: »

You a disgrace to the profession.

Mind you don't hurt yourself when you fall off your high horse!

You would of course come over as more professional if you corrected your grammar!

Gordon_Hose

Caroline73 wrote: »

You a disgrace to the profession

Hardly!

If I was a doctor, I'd write you a prescription for a reality check. To be taken 3 times daily. Minimum.