parking fines deducted from wages without prior warning or knowledge 'caught by camera offences'

[screwed again]

Yes we all work from home,but no we cant use for personal use,occasionally i do though,get shopping on way home from work etc but if i need to use for a specific journey of an eccessive distance i speak to my manager and put my own diesel in..why?

[dadtaxi]

Yes have had the conversation where i have asked for any and all fines to be forwarded without delay as i will pay them myself,as i do with traffic warden parking tickets but clearly to no avail,as for the on-line solictor as it states in my contract that all parking fines are my responsibilty and unpaid sums will be deducted accordingly,thats there opinion.at best i think this is a very grey area at worst my employer just finds it easy to do as he pleases with little or no recourse........prob not relevent but a more anal,controling spoilt little child of a man you could not wish to meet,how he hasnt been punched soundly in the mouth by now is beyond me.........said without bias lol.

 

I think the point is that even if your contract says 'unpaid sums will be deducted accordingly' it still requires your concent for them to actualy do so. Unfortunatly in this case it sounds like hes being a Barack room lawyer and nic-picking the wording. With that sort of attitude hell probably say no whatever, and then your only recourse is solicitor action. Before it gets to that however As I said before ask for a 'policy clarification' in writing. He may find it a bit trickier to justify as a formal responce

[screwed again]

From my perspective it just a case of him doing whats fair,and us as employees doing whats fair to him,but he refuses to be reasonable..............are you aware of the employees position on wage deduction? as getting conflicting advice

[Conniff]

Yes we all work from home,but no we cant use for personal use,occasionally i do though,get shopping on way home from work etc but if i need to use for a specific journey of an eccessive distance i speak to my manager and put my own diesel in..why?

 

 

You understand he gets tax relief on that and you pay extra income tax because of it.

[screwed again]

I think the point is that even if your contract says 'unpaid sums will be deducted accordingly' it still requires your concent for them to actualy do so. Unfortunatly in this case it sounds like hes being a Barack room lawyer and nic-picking the wording. With that sort of attitude hell probably say no whatever, and then your only recourse is solicitor action. Before it gets to that however As I said before ask for a 'policy clarification' in writing. He may find it a bit trickier to justify as a formal responce

 

Will suggest that to him on monday,will let you know how it goes,thanks.

[screwed again]

Well he is a former tax officer,so that rings true...........do you mean tax relief on my fine and how more tax

[screwed again]

although thats PCN which i am aware of so have recourse to appeal,regarding camera fines i will give you one example of what has happened to me.In slow moving traffic approaching a yellow junction box i stopped and waited for the traffic in front of me to clear before i moved,three car lenghts behind me a police car in traffic sets of siren so the traffic all moves up in unison to allow the police car to escape traffic,me and a black cab land on the junction box,hey presto caught by camera 'stationary on a yellow juction box' ,when i pointed this out to him AFTER he paid without my consent and stated i had very good cause to question the fine ...well you no the rest.

[dadtaxi]

If this isnt you as a duplicate sign-on,--- its an almost exact copy of your position, take a look http://www.consumeractiongroup.co.uk/forum/showthread.php?313110-Deductions-from-Wages-Allowed-or-Not!

[Old Snowy]

Just to emphasise--- Deducting from your pay is illegal without consent ( barring special cases - not relavent in this case) , which is what the above process is meant to catch. -- Sounds like your employer is just being lazy -after all you are 'paying' so no need to spend any more time on it than necessary!!. ----I don’t know what the size of your business is but a call or visit to your Human Recourses/Pay office/or equivalent seems to be your next stage -----from http://www.industrialrelations.nsw.gov.au/Employers/Paying_staff/Pay_deductions.html---- i quote 'An employee's pay must be made in full. An employer may only deduct money from an employee's pay if agreed in writing by the employee and where the deductions are for the benefit of the employee. Awards and agreements may also authorise an employer to take money from an employee's pay.' ----So unless you have in the past agreed with your employer to pay fines without informing you , time to get some printouts from the web and get 'busy with your boss'.

Is there any special reason why New South Wales legislation is being quoted in this context? Whilst the sentiment is pretty much in line with the situation here it would be a mistake to quote the contents of that page when the legislation that is relevant is ss.13 (Click Here) & 27 (Click Here) of the Employment Rights Act 1996.

 

The strict legal responsibility, from the point of view of the PCN/NtO, may well by the registered keeper's and the OP's employers are arguably acting in line with that. However, it would seem, they are then passing the financial penalty onto to their employee without allowing him any representation. Apart from the potential breach of the ERA they are hardly applying the laws of natural justice which tend to sit at the heart of employment legislation.

 

I recommend that the OP, armed with a copy of his employment terms and conditions, contacts ACAS (08457 474747) M-F 09.00/16.30. They will be able to guide him in a little more detail as to the law and how it applies to his situation and as to his next actions. CAB will probably get there in the end but the OP may have to make an appointment a week or two hence and then sit down with an "expert" who is actually reading from a script - not exactly reassuring.