ET1 for unpaid wages & deductions

Simon_W_2

I recently handed in my resignation at a company that I worked with for the last five years. We agreed a 4 week notice period and I took 2 weeks holiday entitlement within that time. (30th November 2012)

I was told to bring back my car, keys , fuel card and any other company property at the end of the month.

On returning my company vehicle (3 1/2 years old 70k miles) my manager walked around the car noting minor scratches, kerbed wheels and stains on the boot carpet etc.

He refused to give me my paycheque and payslip but I did manage to get a P46 off him. I protested that he had no right to withold my pay or make any unauthorised deductions without my written permission. My protests fell on deaf ears and I was asked to leave the premisis.

On returning home I checked my P45 dated 22 november which after comparing with a previous payslip indicated that my full salary tax and NI had been paid. I wrote an email complaining that my employer had unlawfully witheld payment and was in breach of contract.

Over the next week or so there has been an exchange of emails stating that the car was not brought back in 'as new' condition and would require repairs before it could be given to another employee. They have just sent me a quote from a bodyrepair shop for more than my salary. the works on this are ludicrous, £150 for a new boot carpet, £60 for new wheel bolts, £360 to refurbish wheels and another £360 for a wax and polish plus more minor works.

They are claiming that a clause in the employee handbook states that they may recover any costs due to loss, damage or misuse to stock or equipment (including vehicles). And are deducting these costs from my salary (after tax and NI) meaning that I now owe them money!

They did try to introduce a new contract of employment in 2011 and included a form giving them authority to make deductions. I nevr accepted this contract and had several meetings with my manager to try and resolve the issues. I sent emails and a letter stating that I did not accept the conditions but did not want to take constructive dismissal but would continue working for them under protest. The last letter was sent in September 2012. This was one of the reasons that I left this employer.

I never accepted the terms and principal terms and conditions of employment or the authorisation to make deductions from wages. I still have the originals signed by the manager but not me.

I never expected there to be any difficulty with leaving the company so all my internal emails regarding my contract dispute are on my work PC and I cannot access them.

I contacted ACAS who attempted to talk to my employers, they also tried emails but my employer would not respond.

I now intend raising an ET1 against them but the sums involved are probably too low for a no win no fee or even standard solicitor. Is there any guidance available to help a non legal minded person.

keithrgj

is the fact that you agreed to continuing to work under protest has been documented and you have proof

who did the assessment on the alleged damage

did they give you an oportunity to get the repairs done yourself

did you get different quotes

do you agree to the damage that has been claimed

Simon_W_2

I have the letter but not the emails. The employment contract stated 12 weeks notice, my MD said as I had not agreed to the contract I was only entitled to 4.

My Manager did the assessment on the alleged damage

They did not give me an oportunity to get the repairs done myself. The car was fully expensed, any minor marks or repairs were just accepted as the norm, the only requirement in the company was to keep the vehicle roadworthy and it was a real battle just getting the company to pay for a service or new tyres so a paint touch up or similar would have been a real problem.

No different quotes were given

I do not agree to the damage that has been claimed. I would class the vehicle to be in good condition with fair wear and tear.

steampowered

To me, the language from your employee handbook does not sound like it covers fair wear and tear. I don't see why they think the car has to be returned in "as new" condition after 3.5 years. I think your employer is trying it on.

Its worth sending them a Letter Before Action and then issuing an ET1 if they don't sort it. You should be able to find templates online. Careful not to miss the three-months-minus-one-day for filing the ET1.