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Stoppage from PAYE pay....

24

Comments

  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    LinLui said:
    I understood that legally only "standard deductions" (tax/stamp/pensions (if on over £15,000 PA) could be taken without consent and agreement, ive not been overpaid and all our tax codes are correct

    £13 when im on £9.50/hr is 90 minutes pay to me
    That's not entirely true. Payroll errors can also be deducted without agreement. And "agreeement" may be a contractual clause that she signed when she (or you - not clear who is posting here) started and doesn't recall. At the moment it is simply speculation - as others have pointed out, until you have an answer to the question it is pointless trying to speculate whether it is lawful or not. 
    this cant be a payrol error in at least 5 cases can it, but not 3 others...
    Why not? You are asking us to speculate, and as I said, speculation is pointless. 
  • Marcon
    Marcon Posts: 14,577 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    LinLui said:
    LinLui said:
    I understood that legally only "standard deductions" (tax/stamp/pensions (if on over £15,000 PA) could be taken without consent and agreement, ive not been overpaid and all our tax codes are correct

    £13 when im on £9.50/hr is 90 minutes pay to me
    That's not entirely true. Payroll errors can also be deducted without agreement. And "agreeement" may be a contractual clause that she signed when she (or you - not clear who is posting here) started and doesn't recall. At the moment it is simply speculation - as others have pointed out, until you have an answer to the question it is pointless trying to speculate whether it is lawful or not. 
    this cant be a payrol error in at least 5 cases can it, but not 3 others...
    Why not? You are asking us to speculate, and as I said, speculation is pointless. 
    Pretty pointless thread altogether since nobody here could have a clue!
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • maxmycardagain
    maxmycardagain Posts: 5,853 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    OK, here goes.....

    The job requires all employees have a DBS with "updates" 

    We have been with the firm 2 years 

    it seems now, with no notification they have decided to reclaim the DBS updates fee from us and many others,,,

    Ill know more tomorrow

    This could mean other fees they incur for my employment (£50 medical/£70 badge) could be next on the list, these are annual fees and I have no other use for the items except to work for this one company




  • maxmycardagain
    maxmycardagain Posts: 5,853 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 23 June 2024 at 9:46PM
    Marcon said:
    I understood that legally only "standard deductions" (tax/stamp/pensions (if on over £15,000 PA) could be taken without consent and agreement, ive not been overpaid and all our tax codes are correct

    £13 when im on £9.50/hr is 90 minutes pay to me
    If that £9.50 is gross, and you're at least 21, that's below the minimum wage of £11.44 an hour.
    Im 70 and on the state pension.... £9.50 is nett
  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    edited 24 June 2024 at 8:22AM
    OK, here goes.....

    The job requires all employees have a DBS with "updates" 

    We have been with the firm 2 years 

    it seems now, with no notification they have decided to reclaim the DBS updates fee from us and many others,,,

    Ill know more tomorrow

    This could mean other fees they incur for my employment (£50 medical/£70 badge) could be next on the list, these are annual fees and I have no other use for the items except to work for this one company




    In that case the employer may indeed be "correct". The liability for paying fees relating to DBS lies with the employee not the employer (albeit many employers pay it, they do not have to) and as such this would fall within the category of a legitimate payroll deduction. Any deduction made from the worker’s pay to pay for DBS does not count as a reduction for National Minimum Wage calculations since it is paid over by the employer to a third party to meet the liability of the worker. If, however, any element of that charge covers an admin charge for doing this for the employee, then that would count as a deduction. 

    It doesn't really matter that they haven't done it for two years - employers are permitted to correct errors or oversights. They might have needed to let you (or your wife or whoever is actually posting here) in advance, but it is moot (and arguable) since it is done, and failing a strong enough union to get this reversed, it is unlikley that a legal claim would be remotely worth the time and effort when you would probably lose anyway (based on what has been posted here).

    The cost of the medical and badge are different - those legitmately fall to the employer, but you are speculating without grounds that they would do this. 

    Just to add - this would correctly be a deduction after tax. As it is employment related she may be able to claim tax rebate for it - but I don't know so will leave that to others to comment on whether anything can be claimed.
  • Undervalued
    Undervalued Posts: 9,613 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OK, here goes.....

    The job requires all employees have a DBS with "updates" 

    We have been with the firm 2 years 

    it seems now, with no notification they have decided to reclaim the DBS updates fee from us and many others,,,

    Ill know more tomorrow

    This could mean other fees they incur for my employment (£50 medical/£70 badge) could be next on the list, these are annual fees and I have no other use for the items except to work for this one company




    But without knowing what your contract (in the widest sense) allows that doesn't get us very far.

    You could apply the same argument, in regulated occupations, about professional registration fees. You cannot practice as a (medical) doctor without being registered with the GMC. That doesn't mean their employer has to pay. Some do, some don't. 
  • Marcon
    Marcon Posts: 14,577 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    What's the point of this thread? OP said in their first post they'd asked the employer for an explanation, so why bother answering/speculating?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    Marcon said:
    What's the point of this thread? OP said in their first post they'd asked the employer for an explanation, so why bother answering/speculating?
    And the OP has been given an explanation by the employer, which appears to be a legitimate explanation?

    "...it seems now, with no notification they have decided to reclaim the DBS updates fee from us" DBS update fees, unless the employer agrees to pay them - which it appears they did not - are the employees liability.
  • maxmycardagain
    maxmycardagain Posts: 5,853 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 25 June 2024 at 10:52AM
    company have confirmed that employees have to pay the annual DBS "update fees" and that we were told at induction (we had no interview or induction)

    we had no induction and this is the first time its been take, this branch has recouped £2500 this way, my other fees (£150/year) - they say - will not be taken

    these fees are SOLELY so i can work for them and thier reqruitment adverts still say all fees will be paid by the company

    my wife was accused of being a liar over this, before easter the manager threatened her with total loss of her work if i left

    i think we should join Unite Union
  • maxmycardagain
    maxmycardagain Posts: 5,853 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Please dont say "its only £13", mine was, so was the wifes, thats £26 out my pocket

    fool me once, shame on you, fool me twice, shame on me
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