ex employer trying to make deductions

andystephens

Hi all, need some advice.

At the beginning of the month my employer told me that the company could not afford to sustain me so my employment would be over, was only there 5 weeks. There was a company car which i returned we shook hands and parted.

Today I text him to ask if everything was ok for me to get the money owed. He text back saying that the car was filthy and needed valeting at 120 quid which i find hard to believe as i only cleaned it 2 weeks prior at the car wash (was paid for on company card) and the car was given to me with dog hair in the boot as he had a dog, i don't. He also said that there was stuffs around the wheel arch and looked like there had been an accident from behind so that's 870 quid. When i took the car i never signed a sheet to say the condition of the vehicle when i took it or anything when i gave it back. i never was in an accident as i would have noticed and said something. also he said that i got a parking ticket for 150 in a car park yet i had never had a ticket on the windscreen.

He says he will let me tomorrow how much i owe. just wondered where i stood.

Thanks

andystephens

He also said he wrote to me 2 weeks ago but i never received anything

newbutold

I think he sounds like a chancer. What does your contract say about deducting from you wages. Last payroll job I worked, I had to get the staff to sign a permission slip giving me(the company) permission to deduct any money they owed us from their wages. This was for things like personal usage on mobile phone or if they had bought from us.

LadyMissA

I'd ask to see copies of the bills relating the work done and the charges

antrobus

newbutold wrote: »

I think he sounds like a chancer. What does your contract say about deducting from you wages.

I'm inclined to say 'contract, what contract?' Not that I know that for a fact, but in the circumstances, I wouldn't be surprised.

The fact that there is such a thing as 'unlawful deduction from wages' is also relevant, as in;

Under section 13 of the Employment Rights Act 1996, it is unlawful for an employer to deduct wages from an employee unless the worker has agreed in writing to the deduction being made, or an employer is legally obliged to make the deduction (i.e. PAYE and National Insurance).
http://www.williambrose.com/factcheets/Unlawful-Deduction-of-Wages

So the first bit of advice to the OP would be don't sign anything.

newbutold wrote: »

Last payroll job I worked, I had to get the staff to sign a permission slip giving me(the company) permission to deduct any money they owed us from their wages. This was for things like personal usage on mobile phone or if they had bought from us.

See above.

andystephens wrote: »

He says he will let me tomorrow how much i owe. just wondered where i stood.

In need of a solicitor I'd say. Contact CAB.

andystephens

I did sign a contract but nothing about deductions

DVardysShadow

LadyMissA wrote: »

I'd ask to see copies of the bills relating the work done and the charges

That is the last thing I would do. It lends legitimacy to the deductions and makes OP's case subject only to providing receipts [which you could expect to materialise even if the work was never done] - when really the employer needs to substantiate the right to make deductions for this in the first place.

Correct course of action is to write a 'letter before action' demanding the money within 14 or 21 days, else it will go to the small claims court as a debt or to an Employment Tribunal as illegal deduction from wages.

doodoot

DVardysShadow wrote: »

Correct course of action is to write a 'letter before action' demanding the money within 14 or 21 days, else it will go to the small claims court as a debt or to an Employment Tribunal as illegal deduction from wages.

This.

AND make sure you keep an eye on the calendar as you need to make an Employment Tribunal within THREE months of leaving his employ.

Many ex-employers will try and string you along until that magic three months has been and gone.

Keep copies of everything that you send, calls/texts that are made/received.

Send the letter 'signed for', check on Royal Mail's website when it's delivered and print off the page as evidence - you will need this if you go to a ET.

Make no more calls/texts, just send the letter - PM me if you want advice on what to put in it, as I've taken mine to ET for illegal deductions.

Also, you say that the company is struggling financially - do you think that he may try to wind it up?

andystephens

doodoot wrote: »

This.

AND make sure you keep an eye on the calendar as you need to make an Employment Tribunal within THREE months of leaving his employ.

Many ex-employers will try and string you along until that magic three months has been and gone.

Keep copies of everything that you send, calls/texts that are made/received.

Send the letter 'signed for', check on Royal Mail's website when it's delivered and print off the page as evidence - you will need this if you go to a ET.

Make no more calls/texts, just send the letter - PM me if you want advice on what to put in it, as I've taken mine to ET for illegal deductions.

Also, you say that the company is struggling financially - do you think that he may try to wind it up?

I think that it was just an excuse to get save money really

andystephens

Update for you. I have had no further contact, today he emailed my payslip and also put the deductions in the email. He is demanding that I pay the outstanding to him. like i said seen no evidence!

doodoot

Save it and also print out a couple of copies.

My original advice in my PM still stands, his email is irrelevant so don't get drawn into conversation with him.