Jump to content
  • Tweets

  • Posts

    • To me, it isn't just about social distancing and hygiene measures. I'm far from the first to say it but until there's a reliable track and trace system, I don't think this can be managed properly.   Children may not suffer as much as adults, although some do, they can be asymptomatic and pass on the virus to the rest of the family.   https://www.walesonline.co.uk/news/uk-news/lockdown-david-king-second-wave-18739973
    • When will most schools actually re-open in September ?   And when they open, will they be providing teaching over the number hours 9am to 3pm  ?   I am thinking of the school I attended, which was a large Victorian building, with many modern extensions.  The classrooms which could accommodate about 35 Children elbow to elbow, will only be able to accommodate 20 at the most with any reasonable distancing.   Or does the whole class  of say 35 stay in a bubble and the teachers move around to teach the different subjects ?    I can see many schools opening later in September, not for all pupils for all days and not doing the full hours.   This is going to be very difficult to manage for all those concerned, including parents looking to return to work.     
    • Hi.   If you do a search of our forums you will find other people who've had trouble with Marquis. Sadly people don't always update their threads with the final result.   Scroll up this page to the red strip at the top, and type Marquis into the white search box on the right.   HB
    • I think independent assessments and quotations will be essential. Once again please monitor this thread for a for the reply later on or tomorrow
    • We'd love to return it but from everything I've read it would a long drawn out business so keeping it would probably be simpler.   I think we are going to give them a chance to sort the heating/hot water.We've got very squeaky brakes now which my local garage is going to look at a week on Monday. I'm saving all receipts etc. I'd also like to charge them for fuel used and my time doing what they should have done.   The time they take to get anything done is what is bothering me. If I choose to go somewhere else for a repair for anything would I be able to charge Marquis or do I have to continue using their warranty   I hadn't thought of getting an independent assessment, not sure how you go about it but I'll look into it. Thanks for the reply  
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
postggj

unlawful deductions of salary/over payment

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3569 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

ive been asked to do some digging into this and welcome all comments

 

a chap i know has had an overpayment in his wages since he changed shifts. they kept paying him the allowance and are now saying it was in error.

 

if owing then yes he should pay it back but payroll have taken it upon themself to start deducting £30 per qweek from his wages withouit prior consent.

 

now under employment rights act 1996 , tyhe two sections that cover this are

 

14 Excepted deductions. E+W+S

 

(1)Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of—

 

(a)an overpayment of wages, or

 

(b)an overpayment in respect of expenses incurred by the worker in carrying out his employment,

 

made (for any reason) by the employer to the worker.

 

(2)Section 13 does not apply to a deduction from a worker’s wages made by his employer in consequence of any disciplinary proceedings if those proceedings were held by virtue of a statutory provision.

 

(3)Section 13 does not apply to a deduction from a worker’s wages made by his employer in pursuance of a requirement imposed on the employer by a statutory provision to deduct and pay over to a public authority amounts determined by that authority as being due to it from the worker if the deduction is made in accordance with the relevant determination of that authority.

 

(4)Section 13 does not apply to a deduction from a worker’s wages made by his employer in pursuance of any arrangements which have been established—

 

(a)in accordance with a relevant provision of his contract to the inclusion of which in the contract the worker has signified his agreement or consent in writing, or

 

(b)otherwise with the prior agreement or consent of the worker signified in writing,

 

and under which the employer is to deduct and pay over to a third person amounts notified to the employer by that person as being due to him from the worker, if the deduction is made in accordance with the relevant notification by that person.

 

(5)Section 13 does not apply to a deduction from a worker’s wages made by his employer where the worker has taken part in a strike or other industrial action and the deduction is made by the employer on account of the worker’s having taken part in that strike or other action.

 

(6)Section 13 does not apply to a deduction from a worker’s wages made by his employer with his prior agreement or consent signified in writing where the purpose of the deduction is the satisfaction (whether wholly or in part) of an order of a court or tribunal requiring the payment of an amount by the worker to the employer.

 

 

and section

 

16 Excepted payments. E+W+S

 

(1)Section 15 does not apply to a payment received from a worker by his employer where the purpose of the payment is the reimbursement of the employer in respect of—

 

(a)an overpayment of wages, or

 

(b)an overpayment in respect of expenses incurred by the worker in carrying out his employment,

 

made (for any reason) by the employer to the worker.

 

(2)Section 15 does not apply to a payment received from a worker by his employer in consequence of any disciplinary proceedings if those proceedings were held by virtue of a statutory provision.

 

(3)Section 15 does not apply to a payment received from a worker by his employer where the worker has taken part in a strike or other industrial action and the payment has been required by the employer on account of the worker’s having taken part in that strike or other action.

 

(4)Section 15 does not apply to a payment received from a worker by his employer where the purpose of the payment is the satisfaction (whether wholly or in part) of an order of a court or tribunal requiring the payment of an amount by the worker to the employer.

 

 

have there been any amendments

 

what i am looking at are the rights for an employer to deduct wages with out prior consent due to an over payment

comments please people

Share this post


Link to post
Share on other sites

It's actually a very simple answer, (and I really must get a new keyboard - my pounding away has knackered the key between c and b and the damn thing keeps inserting dozens of the dratted letter!). Deductions from wages which result from an overpayment of wages or expenses are allowable deductions in law. Prior consent is not required - although a savvy employer always covers their back by inserting a clause in the contract as well. That's where it stops being simple because there is case that that can make the payment "custom and practiice" but which would apply in very few circumstances and is hard to argue. If this was clearly an allowance, as you suggest, then they would not apply.


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...