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  1. I am an IT consultant who works through my own Ltd company. I have been offered a job that is within IR35 this means I will pay tax, NI and all other deductions which I dont have a problem with. However the employer wants to deduct from me their costs such as Employers NI in other wrds bear their employer costs, is this right? I am due to sign the contract tomorrow so urgent guidance/help would be really appreciated. Thanks
  2. Hi there, My mother currently lives in North Wales, she suffers from ill health (heart problems that are degenerative, and long term) she has a pace maker, and currently receives PIP and is entitled to ESA but has a part time job of 18 hours a week, and a partner in full time work. Her partner is useless. She spends all week in her caravan (closer to work) because he wont travel 20 minutes to drop her off or pick he up, the caravan she is in at the moment is suffering from damp and mould (this is not her caravan, its a rental, she has her own on another site but the season is over until March now) so it's not good for her. She works at a care home, it's not much in the way of manual labour like most though, as it's a care home for recovering addicts and most are just homeless and appreciative of somewhere to stay for a bit. But with the stress of her partner, and her health getting a bit worse, she wants to move back around family. She can stay at her aunts for a few months, as she is out of the country, which will be of use as she tries to set herself up but will then need her own home. Both me and my sister have no room, other than sleeping on the sofa, so she will need to find a home near us. She has signed up for local housing agencies, ideally to get somewhere close, and not one of the rougher areas that are further away. IF she moved here, what would she be able to get, immediately? would she be able to apply for ESA? (and hopefully get a 16 hour job for a year until she was comfortable to move the hours up) as I know they can be funny about moving to a new area and starting anew claim immediately, but she is moving for health and family support. With PIP until 2018, would housing benefit be a guarantee? again, just until she can get on her feet and extend her working hours? Will her owning a caravan have a large effect on her? the caravan is not worth much, maybe £1000 at the most. They bought it (its in her name only now) for £2000 3 years ago. It's on a site that does not allow the vans to be rented for income, so no holidays are taken in it. It's purely for her to get away when she can as being there is a great calming factor for her. But with it being a 9 month season, she has 13 weeks a year where she has upheaval. Using it as a place for a break 3-4 times a year will be better for her. The site fees are paid up for the year, so she has no bills there til 2018. It cant be sold unless its taken off site, which will cost enough that the sale would be for a neglible amount anyway. She really wants to keep it, as it's a place where she can go (occasionally with grandkids, but mostly on her own) to just have a break by the sea. But she does realise that once site fees become due at the end of next year, for 2018, she will likely have to give it up. Also, if she did move here and was requiring a place to stay for 2-3 weeks, whilst her home was sorted. How would that effect people in my household. My wife currently gets PIP, can 2 people in the same household claim PIP? or it 1 per household. Thanks for any help!
  3. Hey. My girlfriend is currently working a zero hour contract at a big chain, which she started 6 weeks ago. They use a clock in/out fingerprint system for start/end of day and breaks. She will be receiving her first paycheck in a few days, but she is worried that the company is handling some aspects of pay in a questionable/immoral way. Workers are entitled to a 10 minute break per shift under 6 hours; they must scan in/out for this break and if they do not take the break they need to write it down in a book. The first kicker here is that if employees do not scan out for their break nor write in the book, they have an entire hour deducted from their pay. My girlfriend was not told this by anyone until her 4th week on the job and was told she would not be paid for the times she didn't clock out, which is likely to be in the £50-100 range as she was not told she needed to follow this process and only learned by coincidence when hearing colleagues talking about it. It also isn't mentioned anywhere in her contract. Secondarily a girl she works with clocked in but forgot to clock out at the end of the day and the company are refusing to pay her for the entire day. Every shift has a supervisor and multiple people working and the store has many CCTV cameras, so wouldn't the onus be on them to prove she didn't work the shift that she was penned in for and clocked in to? She has also already had issues with being the first person to put her holiday for a specific week in the holiday book 6 weeks in advance (Which is meant to be first come first serve), yet being told a week before her holiday that she can't have it off as 4 people have already been given that time. Not really sure what she can do about the pay situation but I'm pretty sure it's illegal, only problem is it feels like a huge amount of effort to fight great lengths to get what in comparison is a small-ish amount owed, and there's also the fear of having her hours stopped/being discriminated against while this goes on so it's no wonder companies can get away with bullying people into this kind of thing. Now to top all of this off, her contract stipulates that she must pay the company £250 of 'training costs' if she leaves within the first year, even though she received no formal training or any kind of 'training day'; she was simply placed on shifts and learned on the job by watching others. For such a massive worldwide chain and the single most famous in its field, the store is managed so horrifically bad and they seem to be happy to mess people around in many ways.
  4. Hi everyone, This is not for me. Someone has had money illegally deducted from his wages (he gets far more than minimum wage) He intends taking his employer to the Tribunal. I believe he would be entitled to the deduction if he wins and Litigant in Person’s research cost. My question is, will he be entitled to compensation eg injury to feelings? Thanks and regards
  5. Good afternoon Everyone, Hopefully someone could help/advise me with a problem I am having with my former employer. I recently resigned from a part-time job working for a well-known Housing Association as they weren't paying me in full for the hours I worked (among other dubious issues). My job started 20th January 2016 and I worked exactly half of my monthly contracted hours between my start date and 31st January 2016 - over four days/shifts. I therefore expected to be paid precisely half my contracted salary (salaried, not paid hourly, unless claiming overtime, which was calculated using an hourly rate). Using the assumption that I would receive half my monthly salary, I was underpaid for January in February's pay. Then, in March, they deducted even more money and claimed that they had overpaid me for January, when I believe the opposite was the case. After numerous emails and telephone calls, staff from payroll claimed that they had initially calculated my hours (15/week) over a 5 day period (3 hours/day), which is what was paid in February's wage. They then said that they had recalculated my hours over a seven day period (2.15 hours/day) hence the deduction in March's pay. However, I actually worked 2 x 7.5 hour shifts = 30 hours - contracted to work 60 hours/month – I have copies of the email from payroll outlining how they calculated January’s wage, copies of my signing-in sheets, copies of overtime sheets showing my working patterns and rotas before I left. As is stands, I have been paid approximately £4.25/hour for the hours I worked in January. After two months of trying to get them to pay me correctly (and among other issues, such as lone working without backup with potentially violent clients) I resigned. Before resigning, I also raised a Formal Grievance and received no response. I am going through the Early Conciliation process with ACAS, but I'm scared of the potential costs and/or risks (i.e. potentially paying their legal costs, they have a huge legal department!) involved taking it all the way to an Employment Tribunal. The Housing Association suggested that I accept two-thirds of what they owe, but I requested to be paid in full. The ACAS conciliator didn't seem too pleased that I didn't accept the offer, which worries me. Someone has also suggested that instead of taking them to a Tribunal that I could take them to Small Claims court instead. I suppose my queries are these: 1) Does it sound like an ‘unlawful deduction of wages’? 2) Does it look like I have a good case for an Employment Tribunal? 3) Would it be better taking them to Small Claims to lower my risks/be more feasible than going through an Employment Tribunal? Could someone be kind enough to impart their knowledge of such matters please, I would be greatly thankful. I hope I've provided enough information, if not please let me know (and apologies if I've gone on too much!). Very best wishes, Ammy
  6. Hopefully somebody will be able to help me. Background:: My 18 year old son was recently working for a company who made him sign a contract that the first 80 hours were training & that there were training fees of £400 if he was to leave in the first year or they terminated him. Anyhow, the dismissed him after 2 weeks saying they didn't feel he was right for the job (he had worked just short of 80 hours). His wage should have been £355, but he never received 1p due to the training fee deduction (£400). He was previously on JSA (under the Universal Credit umbrella), he informed them when he began the job. He signed back on after losing the job. The company he worked for has sent him his P45 which shows the £355 earnings on it, this has now caused some problems:: DWP have just phoned my son to say they have deducted £150 from his UC/JSA due to his unreported earnings of £355 (which he actually never got as they were held back for training fees). He explained the situation to them on the phone, but they are going from his P45. When he signed back on he explained them he wouldn't physically see any wage due to the training fee. Dates may help: Started the job: 4th May..... Dismissed 18th May.... Signed back on 19th May He received only £95 today due to the deduction is this correct? or should he in fact not have this deduction made due to not physically receiving a penny. (he is paid UC/JSA monthly)
  7. Someone who works for a well known supermarket (think of the colour green) as a delivery driver (for over 2 years) has been having an hour's lunch break deducted from their wages, even though the said lunch is never taken...All this has just come to light recently. Ordinarily if you work in store you have the option to 'skip break' on the clocking machine but being out on the road all the time means they are not in store to do this. The supermarket's internal electronic timing system will automatically deduct a one hour's break if you have been clocked in over a certain amount of time. THe point is, they believe this has happened well over 100 times since they started. Delivery drivers, at least at the store where they work, do not get a lunch break. So what would be the way forward to claim this money back? Even at £7 ph , it's nearly £1000 they are 'owed'. They have tried internal through the management team and HR but they are just simply ignored.
  8. I applied last year in November but the letter went missing and so I applied again online. It's been backdated to mid-July. I have written to them giving them good reason why I was late in applying for this, mainly because I didn't realise I had to. If they are going to send a bill for the full amount at the start of the year before I have earned anything as a first time sole trader then surely it was dealt on the basis that we would all wait until my earnings were clearer before any adjustments? Anyway, I'm thinking about writing to them and Scot & C. saying that I am withholding any further payment until they rectify this. How far is that likely to get me? I have also told them that irrespective of whether they backdate it I will not be paying them any more than I owe and they can take me to court and dispute the amount if they disagree.
  9. Hi All One of my family members is currently experiencing some employment issues and hope someone could give us advice on the following and some guidance on how to deal with the issue. While there have many issues leading up to the point of redundancy i will try and keep with the current issue. He has been off sick for several weeks since Early October with stress and palpitations brought on mainly by his employment problems, specifically being informed by the company of the risk of redundancy and him having to apply for the only position available to keep is job as well as the owners son applying for the position.(which he thought was a no Win). He was given notice of his redundancy and was given a date of 17th Nov 2014, with the date passing he was expecting his redundancy Friday 21st Nov which is when the usual pay date is. He contacted the owner today to ask when he would be receiving his payment only to be told that the owner was busy and that he would contact him later. The owner made contact a little later via email. The owner alleges to have sent him a letter dated the 4th November stating that he had to remove some items that have been stored there for several months (owners consent)Apparently this is causing an environmental issue, and in the event that this was not removed in a certain time frame, he would arrange the items to be removed at the cost of nearly £500 and that this cost would be deducted from his redundancy payment. Please keep in mind that the owner has kept in contact throughout the consultation period and sickness period via either email or recorded letter. The owner hasn't got rid of any of the items and given him until next week to remove these items and stipulated he needs to remove these items and inform him of the time and who is collecting the items, so basically he is withholding his redundancy payment until this is done. To say the owner is being awkward is a understatement to everything that has happened with him recently. Your thoughts and advice on this matter would be greatly appreciated. Thanks in advance. Bridgykoi.
  10. Following long term sick I reached the end of my contractual sick pay period last month. As I knew this was ending and I had received no written or verbal confirmation of how the process worked I directly asked the management what pay I would receive in May and June. I was verbally informed my pay ended a few days before the end of May but I would receive a full months pay in May but nothing in June. May payday arrived and I received a normal months pay and a payslip to confirm this. Knowing I had no income for June I requested payment of a considerable amount of outstanding holiday pay from the prior working year. It was agreed this would be paid in my June pay. On receiving my pay for June I discovered that a significant amount had been deducted from my wages. On querying this with payroll I was advised they had overpaid me in May so they decided to recover the wages this month. Payroll stated that my manager should have discussed the overpayment and deduction with me but the manager had made no attempt to do so. I have now been told by payroll it was this manager who authorised the deduction. The manager is well aware that the holiday pay was to be used to cover essential bills and my mortgage so I am very surprised that the manager failed to mention this. My first question is do my employers have a right to make a deduction after telling me I would receive a full months pay for May. The second question is can my employer make a deduction for overpayment without first notifying me or considering my circumstances. Thanks in advance for any advice.
  11. Hi, I would be grateful if someone can give me a better insight into this matter. I will try to simplify it.although its a little complex: I have a Full merits hearing set for next Thursday. The respondent's team tried to strike out both my claims: Unfair Dismissal- due to lack of continuous service I only received a contract in May 2012, although I have written evidence that I was to receive a 'salary' from April 1st..and my April pay is not a round figure..suggesting deductions were made. I had prior to that, been working full time, self-employed. Unlawful Deduction of Wages-due to the claim being Out of Time My claim relates to a proportion of commission that was not paid. My argument is that the contract did not set a deadline for payment..and even after part of it was paid, the MD at least promised to look into it. I made the claim within 3 month of my final salary payment. Last week, they turned up to the Preliminary Hearing late and unprepared, so the judge decided to proceed to a full hearing which would deal with the preliminary issues as well. I have irrefutable written evidence that my commission claim is justified. (due to a last minute witness whose participation in effect forced disclosure). The other side have offered to settle on a figure based on this commission..but not the Unfair Dismissal.. My original ET1 claim and subsequent settlement proposal amounts to about 1/5 of the total schedule of loss...so I think its pretty fair. The original bundle included meeting notes that had been altered by the Respondent... Upon hearing that the original note-maker (currently still working for the Respondent) may be appearing as a summonsed witness, they resubmitted the notes in their correct version...both sets are in the bundle:further indisputable evidence of dishonesty... The danger is, that I may not win on the preliminary issues, despite the evidence confirming my claims are justified.. If the preliminary issues are borderline, would the actual facts regarding the veracity of the claim and the dishonesty of the Respondent have an impact on the panel ruling in my favour (on the preliminary issues)? The commission issue is a formality if the Judge rules that it was In Time. Unfair Dismissal is more complicated: Despite being Head and the most experienced member of my Academic department, I apparently came bottom of a dubious test, that the Respondent designed himself, meaning that I was chosen for redundancy despite being willing to take a teaching role at the same pay rate as my staff. The test showed that other staff had 0% lateness and 0% sickness and also scored me lower on teaching skills, despite no actual observations having been done. I did question the scoring, but never got a clear response. The Respondent has included many documents in the bundle to try to discredit me. Some of the allegations are fair, others are not. Can I perhaps use those allegations in my favour to suggest (as I believe) that I was made redundant because of these issues? I have other evidence to back up my credibility including an excellent reference from my current and previous employer..and an award won by the dept I managed... Many thanks!
  12. I am currently in the middle of an issue with my current employer. My contract/policy states I am entitled to full company sick pay for upto 4 weeks, unless I am off sick 3 or more times in 3 months for 1 or 2 days at a time; or off sick more than 5 times in a year. The sickness year refreshes in February. I am also entitled to 8 days bank holiday as per contract. On Bank Holiday Monday 6th May, I sustained an injury requiring me to visit A&E. I had damaged my foot, and was advised by the doctor not to drive or walk too much on it for 2-3 days, and to self certificate until I was fit to return to work. I informed my manager on the Tuesday morning that I would not be able to attend work due to this injury. His reply was that this occasion would be unpaid, as the injury had occurred outside of work. When I asked why this was the case - as company sick pay has never been dependent on how and where you sustained an injury or illness - I was told the company was using its discretion to not pay me. They also said I would not be paid for the Bank Holiday unless I could provide a fit note from a Dr. I was told we could discuss this further upon my return to work. When I returned to work, I had my first ever return to work interview. I was told that I would not be paid for the sickness absence because the manager on site had a 'suspicion' I had been off sick too much. When i argued against this case, I was then told it was because HR didnt want to pay me. When I argued against this excuse by quoting the policy/handbook, I was told that I was 'probably right' and would be paid unless HR said otherwise as the site management were quite insistent on me not been paid. My manager then proceeded through the list of exclusions in the policy trying to find a reason not to pay me. ie "no I dont think we could use that reason". A few days later, I received a response from the discussion my manager had with HR. I was told the policy was wrong, and I was only entitled to 3 periods of absence within any 12 month period - not between Feb - Feb as per the policy. I asked to see this policy, as the policy I was looking at was different. A few days later I was presented with a slip of paper that I signed when I started with the company saying I agreed to the sickness policy. I was told this was proof that I should not be paid. I asked for a copy of this so called policy as I was not provided with a copy. Whilst waiting for this to be provided, I phoned central HR and asked for a copy of the sickness policy which applies specifically to me. The one they sent me states that I am entitled to 5 occurances of sick between Feb - Feb. My manager then sent me a policy dating back to 2008 saying I was entitled to 3 occurances. When I argued that the most recent policy applied to me, I was threatened with a disciplinary for alleged poor performance. I sought advice from my home insurance legal advice helpline, and they told me that as my contract says I am entitled to 8 days bank holiday, they have to pay me whether I was off sick or not. Also, as my contract states I receive full sick pay, I have a contractual right to receive this. I passed this onto my manager, and was told that it would be reviewed, and I would have an update when possible. This was last week. On Friday, I received my payslip and 4 days pay was taken from my wages. This consisted of the Bank Holiday & also the 3 days I had off sick due to the injury. I asked my manager why this had happened, as it was still under discussion and he said it should not have been deducted and he would arrange for it to be reimbursed within the next day or two. Today I received a letter handed to me saying I would not be paid for the bank holiday or the 3 days off sick. It stated that the 3 days off sick - whilst the company do offer pay for sickness, there is no contractual right to recceive as it is at management discretion. I was told the policy had been updated since the 2008 version, but the trigger points remained the same (they dont!) I was told there was a pattern in my absence (there isnt) And that I hadnt followed the correct reporting procedure (I have always emailed/text and offered to ring, but manager has always previously said the text/email was OK) Ever since I first reported my sickness, the reason for with-holding pay has changed a countless number of times. It seems that the company are using whatever means necessary to not pay me for these dates, and have subsequently removed the 4 days pay from my wages. Please could somebody advise me of the next steps to take? I have looked online and think I have grounds for unlawful deduction of wages. I have requested a formal grievance meeting regarding the entire situation, but the 4 days pay which has been with-held needs sorting ASAP otherwise I am going to be unable to pay bills. EDIT - also my policy states my manager MUST hold a return to work interview - something which has never happened. I have also never been asked to complete a sickness form, and as such my manager is unable to provide me with a list of my absence and reasons for absence. From my memory, I have been off twice since January - but my manager is disputing this but still cant provide me with dates. Thanks
  13. Hi, I was wondering if any one can tell me how I go about asking for a reduction in a deduction of benefit. I have been put on income related esa and my husband is on a state pension but has a deduction out of it at £47.00 per week before I was getting contribution esa so the deduction was not so bad. Now I am income related esa I receive £75.00 per week so we have lost another £30.0 per week what we gat together now is 173.00 per week to pay £100 in rent and then food and bills have to come out of the rest it is impossible to do. Do we write to the deduction place and ask them to lower it or do we just struggle and get deeper and deeper in debt , Any advice would be brilliant
  14. Ok, so the nephew's boss has come up with another cost cutting exercise, only I think he's going to come unstuck this time. (he's known affectionately as the Fat Controller!) He gets upset when employees need to take a days leave at short notice, so he has decided in his wisdom, that anyone taking a day's leave that hasn;t been booked a whole month prior, will not receive pay for the day! So, if you are a parent and have a genuine child emergency, or a carer for a disabled partner, and have to take a day off work, then you won;t get paid for it! Even though you have booked it out of your 28 day a year allowance. To my mind then, if he does this, when he reaches the end of the holiday year, the lads are quite justified to ask for the money for their untaken annual leave. It hasn;t happened yet, its just a proposal, but usually when something goes out for discussiuon it makes no difference what you say or do, its a foregone conclusion. So far he has had to pay out of court settlements for racial discrimination, disability discrimination, and downright bloody unfairness, the lads are getting wise now and watch for unlawful deductions etc. It would be nice to be able to stop him in his tracks before he has to pay out again! Any ideas? Thanks in advance.
  15. The situation in brief is that we had paid 1750 pounds in total as deposit. At the end of tenancy, the landlord deducted 750 pounds for garden refurbishment and rent on extra two weeks (which we were told that the two weeks would be free, but we have no written proofs for this). After looking at other posts, I figured that the landlord didn't put a penny into the DPS, and the landlord had never give us a initial inventory to sign for. We also figured out that he probably don't even have one. Under such circumstances, what are the chances to claim the 750 pounds back or partially back? Many thanks for your help If you need any other details, let me know.
  16. Hi, I hope someone can help me here as my head is bursting with all the anger! I moved out of my flat on 28th July, and the tenancy lasted for a year. After having emailed the landlord and agent on many occasions after the tenancy regarding the deposit, on September 5th I finally received an email about the deposit and that the landlord wants to deduct £3550 from our deposit which was £3960. To be honest I was rather shocked that he would propose such a deduction. First off, when we moved into the flat, there was an inventory done and the inventory left out a LOT of problems which we didn't realise until later (such as the waste disposal utility in the sink which did not work, and we had only tried using it several months after moving in which was why we did not find out til late). When we moved in, there were countless problems such as bathroom, toilet, no peephole in front door, kitchen fan not working, and the most angering problem was that the landlord had left a bunch of his belongings (or previous tenant's belongings) in our flat for two months. (We did not officially move in until 1 month after our tenancy started as we were in another country). When we moved in, his belongings were still there and he did not come to remove them until one month after the tenancy. We also gave him some of his kitchen utensils which we felt was not necessary and so they were given back to the landlord, yet the check out report reported them MISSING. The windows did not close properly (the landlord said that the company who made the window frames do not make them anymore), and the radiators did not work (although he did provide us with separate radiators). We suffered many more problems such as leaks and toilet problems and have contacted the agency and landlord on numerous occasions to get things fixed but no action was taken. The agent said a contractor to come over to MAKE NOTES, and told us they will come back once they have spoken to the landlord and obviously the landlord didn't want to pay for fixing these things therefore left it until the end so that he could deduct it from the deposit. I agreed to pay the damages for the carpet and wallpaper and asked for a breakdown of the cost to all the damages, but I feel that to pay for EVERYTHING for the landlord in order for the flat to be relettable show the landlord taking advantage of us students. The flat was not in a pretty state when we moved in, it was dirty and old. I have tried phoning, texting, leaving voicemails and emailing the landlord but have had no reply whatsoever. I offered to pay £800 through DPS but he rejected my offer. What should I do now? I am an international student and have no idea what to do now. Should I get a solicitor? Thank you to anyone who made the effort to read all of this and if you could help I would be truly grateful! thanks!
  17. Hi guys This is my first post so I hope I do it right. I have recently changed job and my previous employer has deducted nearly a thousand pounds from my wages to cover training that I have had in the last year. I have changed jobs within the last 10 weeks. My previous employer has a clause in the contract that they can make deductions for training if I leave within 12months of the training being completed. I completely acknowledge this. Here is my question, sort of! I have asked my previous employer to pay me back. The reason for this is that I do not believe that my contract was ever valid. The contract was for a specific job title of mobile sales and service technician. In order to hold this, or any other role in the company, new staff must complete a compulsory training course leading to a City and Guilds qualification. The company is set up as a franchise so the franchisee has entered in to a contract with the franchisor which includes clauses to cover the training of staff. My employer refused to send me on this course for 4.5 years. I asked to be sent on the course over 10 times. The course that he decided to send me on before I left was completely unrelated to the business model and was something he wanted to venture in to. It produced some results and the course made the company more profit than the course fees. Whilst I was with the company, the employers son joined. He was sent on the compulsory course as soon as he started and I was still refused. I was the only employee of this company, out of 750+ in the network, not to have been given this training. It was for this reason amongst others that I have changed job. I now have I higher position and a greater scale of pay. I know that I cannot quote constructive dismissal as I found another job before I handed my notice in. How can I get the money back? Do I need to go to Tribunal? Many thanks in advance, Andy.
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