Emloyer deducted money from wages.

tizzzr

Was working as a chef for 18 months until a month ago. All kitchen staff resigned within a month leaving me alone working from 9am - 11pm 6 days a week for last 4 months before I managed to find a new job. He wouldn't even allow me to have a free meal or drink. During those last 4 months the owner often deducted cash from my monthly wage using any feeble excuse. Plus he refused to pay me more than 40hrs per week even though I was working 77 (1 week I worked 100 and continued straight into another 77. When I received my final wage 1 month after I resigned it was £300 short of my basic salary. He texted me to say he was keeping it because I had been wasting his food stock. Plus because I was the only kitchen member he had, he said he would pay me two weeks holiday he owed me if I worked it through. This was not in my final wage either. When I visit him he orders me to leave the premises. I am young and have been naive to believe that anyone is this selfish to lie and cheat me and my family to this extent, I was trying to get out asap. Can I take him to court?

Namdera

Without written notice i believe he is unlawfully making deductions from you wages, did you have a contract, does it state about pay deductions?

kingfisherblue

Also, keep any texts as these could be used as evidence if it goes to a tribunal. If you have time sheets or any other proof of hours worked, keep those as evidence too.

Notmyrealname

Employment Tribunal. Also report him for breaking WTD.

androidgamer

http://www.acs.org.uk/en/Advice/legal_advice/employment-law/pay-and-benefits.cfm

3 by the written agreement of the worker prior to the event giving rise to the deduction.

For retail workers there are additional provisions where the employer makes deductions from pay on account of cash shortages or stock deficiencies. In such event the employer can only deduct 10% of gross pay in any pay period unless the deduction occurs upon termination of the employment when any outstanding amount can be deducted. Proper procedures must be followed and the demand for payment made in writing.

Retail employment (which includes convenience store workers and garage forecourt staff) is defined in the ERA 1996 which also prescribes the form of demand that the employer must make for any repayment and the timescale within which the demand must be made. Deductions must be shown on the workers pay statement..

Deductions to which the legislation does not apply include:
1 an overpayment of wages or
2 an overpayment in respect of expenses incurred by a worker in carrying out his employment, made (for any reason)by the employer to the worker
3 payments under an attachment of earnings order imposed by the Court.

as for holiday pay, your wage slips should show/ prove that you have not taken any time off & you are still owed this money.

as for working over 40hrs & not being paid the extra for 4 months is a bit tricky as you didn't complain or stop working them

rachinesafire

Employers can only make a deduction in specific situations and they must follow your employment contract terms but if it is unlawful then you have rights to take help from court.

DVardysShadow

rachinesafire wrote: »

Employers can only make a deduction in specific situations and they must follow your employment contract terms but if it is unlawful then you have rights to take help from court.

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