Employer witholding my items and charging for PPE

[sparky236]

Also would the wages (holiday pay) they are witholding count as unfair deduction of wages ?

[Bigredbus]

To cut a story short...

 

 

An employer cannot ask for money from an employee for PPE, whether it is returnable or not. This includes agency workers if they are legally regarded as your employees. If employment has been terminated and the employee keeps the PPE without the employer’s permission, then, as long as it has been made clear in the contract of employment, the employer may be able to deduct the cost of the replacement from any wages owed.

[elpulpo]

Yes they have a signed copy of my contract and so do I , So I am right in saying that because they dont mention that I have to repay the cost of PPE then they cant charge me for ??

 

Letter looks good thanks Elpulpo

In accordance with the contract, they could make deductions from pay they owe you for the cost of the PPE (if, of course, you hadn't returned it. Which you have). The slight distinction here is that the contract doesn't mention you paying money to them, so I can't see that they could successfully sue you.

Have you challenged them about not paying the holiday pay? It might be that they are trying to offset the cost of the PPE against that.

[elpulpo]

Also would the wages (holiday pay) they are witholding count as unfair deduction of wages ?

Yes, unless they can successfully argue (as I said in the previous post) that they're holding onto that to recover the cost of the PPE.

[sparky236]

This evenings update

I went there this evening to tell them I have had enough and I was there to collect my belonings and was not leaving until I had them he threatened me with tresspassing and told me to leave I said I was not prepared to go until I had my items He threatened to call police which I told him carry on as I had just spotted some of my items ! I told him after he called that all I want is to take my Personal belongings as he was witholding them. he still maintained not to have them and in his last letter states that "none of your items can be found after 2 extensive searches " within 4 mins I had seen some of my items who did the search Ray Charles and Stevie Wonder !!

 

I offered him before police arrived to settle the matter and asked him again has he got my stuff he said no I then told him that I had seen the items and was just waitinbg for police to confirm they were there

 

Police arrived and were good I told them the history and that they claim to not have my PPE and were charging me for it. I told her the location of my items and I had to discribe and say where my name was on the item she went back in and confirmed they were there !!! But said I had to leave as I was breaking the peace I co-operated fully although disappointed I couldnt get my items I am just glad that I have proof that the items my former employer say I have are in fact in there posession and wait to see what next!!!!

[elpulpo]

Ya see, I personally think that these situations (having been there myself with an employer holding my gear) are essentially a criminal matter, as the employer is seemingly permanently depriving you of your possessions. Seeemingly, the police don't agree. They seem to always argue that it's a civil matter.

Contact the police and see if you can get a copy of the report made by the officer who attended. It might be of some help.

It is best though not to show up as you did though, it's a bit confrontational, and can be held to be trespass and breach of the peace.

[sparky236]

Yes have no intention of going back just glad that I made my point with them , Be interesting to see if they continue to claim the item in question is not there or how are they going to explain that the item was there all along despite 2 "extensive searches" surely this and the evidence of lying regarding the HMRC P45 will be enough to prove they have been lying??. Will call at police station tomorrow and see if I can get the report . Are we entitled to see the report ?

 

Yes they claim it was civil matter also , I asked the officer If we took just 2-3 minutes we would probably locate all the items but werent that interested and just said chase it up with your solicitors Which will be too late and give them chance to remove all my items or destroy them. I have just spoken to 2 previous employees and can confirm they tried to charge them for a camera and some other items which they didnt have.

[elpulpo]

I don't know if you're entitled to the report or not, I thought if you were involved with the police you were, but I might be wrong. If ya don't ask, ya won't get.

What I felt like doing when the police told me it was a civil matter was to get the yellow pages out, call up a couple of dozen local tradesmen and have them come round to my house with their tools. As soon as they were in, tell 'em to beep off and not allow 'em to take their tools with them. I wonder if the police would consider that to be a 'civil matter'?

How about hiring a car and not returning it?

[farmlama]

i would contact the police and press a theft charge against him, the police have seen he is holding your items and refuseing to give them to you, in my eyes that is theft.