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ben1305

Wages not been paid!!!!

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I left my old job today after giving one weeks notice (as per my contract).

I received a letter from the technical director on 23rd june stating that they had accepted my resignation and also stating that I would be paid on the 26th June 2010 (wages go in the bank on the last working day of the week if the 26th falls on a weekend).

 

I contacted the accountant on the company and was told that he had been ordered not to pay me by the technical director (the guy who stated in his letter that I would be paid as normal).

 

I contacted my old line manager to find out whats going on (as the technical director wasn't answering his phone) and he replied that he didnt know but had been told by the technical director that he wanted to inspect my van as someone has told him my van had recently been damaged (it has not!!!).

 

I contacted ACAS and they told me that they are in breech of contract by not paying me as stated they would.

 

I had a look at my contract and found this line written into it...

"The company shall, where necessary, be entitled to deduct any amounts owed to the company from your pay"

 

My van was damaged by a bus who ran into the side of me around 5 months ago and the company were informed straight away.

 

My question is.... Are they entitled to withhold my pay because of the line of text i found in my contract (shown above in bold)????


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Hi Ben

 

They are entitled to deduct wages, but the incident happened five months ago, that would be seen as being 'vindictive'. The matter should of been dealt with at the time. I think thats how an Employment Tribunal would view it. They are probably playing silly games, I can't see them not paying you money owed.

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Hi rebel and thanks for your reply.

I have just spoken to ACAS who advised me that they have NO right to deduct any money as it does not state in my contract that they can charge me for damage to the company vehicle. ACAS also told me that my employers are in breach of contract as they have not paid my wages when the contract states.

If anyone could clarify that for me it would be most appreciated

 

Ben1305


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Simple answer. No

 

The contractual term is 'where necessary' - it is not specific enough in terms of alleged damage to a vehicle, and anyway, the accident was caused by a third party, was reported correctly at that time, and the company should have pursued the matter with the bus company.

 

The clause does not entitle them to withold this money, and as such this would be very likely an Unlawful Deduction from your wages contrary to the Employment Rights Act. You need to write to them on this basis demanding that your wages are paid without further delay.


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Thanks for that sidewinder.

What exactly does 'where necessary' cover??

I have already emailed my line manager and he rang me to say that the reason they have not paid me yet is because they were waiting for my final timesheets to decide how much they owe me and if they need to pay me any accrued holidays. He also told me that they would proccess my wages on tuesday and they will be in my bank on thursday. Is this legal bearing in mind i have a letter from the technical director stating my wages will be paid on 26th June (he even signed it)??

From what ACAS have told me they need my signed consent to make deductions from my wages. Does this mean that i can chase them for any monies they have deducted???

As it stands i do not owe them anything. I returned everything they supplied to me to enable me to do my job.

 

Ben1305

Edited by ben1305
missed some info out

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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What exactly does 'where necessary' cover??

 

Exactly. It is not specific enough to entitle them to deduct for anything. Think about it. Eating too many of the workplace biscuits? damage to the feelings of the office cat? A policy needs to be more specific to be enforceable.

 

I have already emailed my line manager and he rang me to say that the reason they have not paid me yet is because they were waiting for my final timesheets to decide how much they owe me and if they need to pay me any accrued holidays.

 

Wouldn't they have calculated accrued holiday when you handed in your notice and informed them of your date of leaving? The timesheets issue is reasonable where this may well take time to process, but would it not also be possible to have paid you on 26th June (if that was a normal pay day) and finalise the balance, outstanding holiday and your P45 as soon as is practicable afterwards? Have they actually said when they do expect to pay you?

 

He also told me that they would proccess my wages on tuesday and they will be in my bank on thursday. Is this legal bearing in mind i have a letter from the technical director stating my wages will be paid on 26th June (he even signed it)??

 

The letter would probably constitute a written agreement, but again, how long a delay are we talking about? Have they agreed that they will honour any charges incurred as a result of them delaying your wages, and would you have normally been paid this week if still working there?

 

From what ACAS have told me they need my signed consent to make deductions from my wages. Does this mean that i can chase them for any monies they have deducted???

 

Yes, as an Unlawful Deduction

 

As it stands i do not owe them anything. I returned everything they supplied to me to enable me to do my job.

 

Ben1305

..


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Exactly. It is not specific enough to entitle them to deduct for anything. Think about it. Eating too many of the workplace biscuits? damage to the feelings of the office cat? A policy needs to be more specific to be enforceable. thats good then as i was a field service engineer and NEVER even visited head office in nearly 2 years!!!

 

I have already emailed my line manager and he rang me to say that the reason they have not paid me yet is because they were waiting for my final timesheets to decide how much they owe me and if they need to pay me any accrued holidays.

 

Wouldn't they have calculated accrued holiday when you handed in your notice and informed them of your date of leaving? The timesheets issue is reasonable where this may well take time to process, but would it not also be possible to have paid you on 26th June (if that was a normal pay day) and finalise the balance, outstanding holiday and your P45 as soon as is practicable afterwards? Have they actually said when they do expect to pay you? There is NO reason why they could not have paid me today. My old line manager stated that i would get money in the bank on thursday.

 

He also told me that they would proccess my wages on tuesday and they will be in my bank on thursday. Is this legal bearing in mind i have a letter from the technical director stating my wages will be paid on 26th June (he even signed it)??

 

The letter would probably constitute a written agreement, but again, how long a delay are we talking about? Have they agreed that they will honour any charges incurred as a result of them delaying your wages, and would you have normally been paid this week if still working there? They have not agreed to anything. All they have said is that they will proccess my wages on tuesday next week and they will be in my account on thursday

 

From what ACAS have told me they need my signed consent to make deductions from my wages. Does this mean that i can chase them for any monies they have deducted???

 

Yes, as an Unlawful Deduction

I lik,e the sound of that!!!!

 

As it stands i do not owe them anything. I returned everything they supplied to me to enable me to do my job.

 

Ben1305

..


My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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I fully agree with 'Sidewinder'...

 

The provision stated in your contract of employment/statement of employment particulars is ambiguous. As 'Sidewinder' stated in his posts, any attempt to deduct any monies from your wages would be unlawful.


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