Thread: C.I.T.B Levy

Hi i wasnt sure where to post this one, my husband is a self employed builder and the contractor he has been doing work for has been stopping the citb levy from his money each month, i know this is supposed to be up to the "workers" wether they pay this or not if they do decide to pay they have to sign a form stating that the levy can be stopped from there pay, my husband refused to sign the forms but it has still been stopped from his pay, any idea how i go about getting this back ?
i have copied and pasted this from the citb web site
many thanks

Under the Industrial Training Act 1982 we levy employers in the construction industry. Employers must pay levy on payments to sub-contractors for labour-only as well as on direct employees. However, the Act does not give authorisation to make deductions from any amounts paid to labour-only sub-contractor or other worker.
Section 13 of the Employment Rights Act 1996 (what was Section 1 of the Wages Act 1986) says that an employer must not take amounts from his or her worker's wages unless:
The deduction is authorised under the workers contract, or
The worker has previously agreed in writing
There have been a number of cases before industrial tribunals about deductions for our levy. The tribunals have made it clear that the deductions are not legal unless the worker has agreed beforehand.
The condition shown above of the Employment Rights Act applies to deductions made from labour-only sub-contractors as well as employees


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Hi Maisielou,

Your husband needs to request the money from the contractor in question. Request this in writing, and if you don't get it back you can raise a Court action, and if it is a small claim it'll cost you about £50 which you'll get back when you win.

The deduction is obviously unlawful, unless explicitly authorised or outlined in the Contract for Services your husband will have agree to when he was engaged by the contractor.

Hope this helps

Thanks Donk28
letter on its way

Right i started the letter to the contractor........but not really sure how to word it .only the cunning**** never put the amount of deductions on our advice slip only ever put what was paid in the bank so not sure how to go about asking how much was stopped?

Anyone got any ideas p l e a s e:-|

Does anyone know how i can word a letter asking the contractor for proof of the money he stopped every month? i have looked at all the template letters on her but none are suitable.

Hi
the contractor knew it was illegal to take the money from my husband ........but said he couldnt afford to pay the levy so passed it on to the workers.......my husband was labour only on a fixed monthly amount as i said in my first post you are supposed to sign to say it is ok to have the levy stopped which my other half refused to do ( but it was taken anyway) and the contractor was crafty as when he got his "pay sheet" every month it never said how much citb was stopped so we really dont know what he took...........so i need a letter like the SAR but not sure how to go about wording it i did phone our account last week but he is in australia for 6 weeks !!!!!!

ConstructionSkills - The contractor I am working for has made deductions from me - why?
Certainly seems to be acting illegally according to rules about levy not signed anything or on contract so now really thinking who to complain to.As for contractor saying he couldnt afford to pay so passed it onto workers-sooooo naughty of him.Feel unless the contractor pays your husband back you will have to complain to CITB and see if any other workers on site have had these payments taken illegally-bet they have and not very pleased about it.Sounds like you have no real proof as not shown on payslips-crafty as you say-i feel this is going to be hard to prove and contractor may say noooooo never took levy he is mistaken-what then.Sounds as you say if really true what the contractor has said he may not have much money anyway-and sounds like he does not keep correct records.Going to be hard this i think.

Looks like this one isnt going any further.............heard today that the company we contracted to has closed

more news.they havent closed yet!!!!! seems like they are just ignoring my letters ........so they havent sent me the levy statements i need to calculate how much they have stopped..............so hit a dead end again

ConstructionSkills - How much do I need to pay?
Ok as i see it and could be wrong but contractors employing sub contractors take 1.5 pence in the pound out of payments to subbys-so check the pay sheets from the contractor over those months and add another 50 pound for your trouble and time taken sorting this out.Send recorded letter to contractor saying this is your last chance to pay me back the levy payments you took from me illegally or i will take the matter further.Suppose that works out at 15 pound in the thousand.I know youve no proof of these payments but might make him pay you -i know i would-not worth the hassle hes going to get if you take it further.Can you imagine the grief hes going to get if they investigate this matter.Hope he doesnt go bankrupt in the meantime-Good luck Tawnyowl
PS when you go on that link press search to see if hes registered with them

Im not sure how this contractor worked it out all i know is that he took approx £45 to £50 each month.............i have sent him a letter registered post saying that i will take further action .........but still no reply as i said before the trouble is he NEVER put how much he was actually taking i tried the search on the link you supplied but i dont have his members number
i suppose the best way is to get onto the citb

Thanks for all your help will see if i can email them on monday

Phoned the levy office cant get through so sent an email monday......still no reply!!!!!!!!!!!!!!!!!