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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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company withholding wages after theft


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before anyone says anything or slags me off i know i done wrong and i am paying the consequences for it now .

i worked for a large company ( over £100,000,000 of sales per year ) as a salesman , just after i started my area manager showed me how to fiddle a few pounds off here and there because " every single salesman is doing it , supervisors are doing it and even managers are doing it " i was fiddling about £20 - £30 per week ( much much less than some of the others there ! ) for about 6 months when an independant auditer looked into my and only my accounts and found discrepencies and reported them to personel .

to cut a long story short i was sacked and the police were involved and i was charged with fraud . in that time the company had called back 1 weeks wages from my bank ( which my bank returned to them 3 days after the company paid me ) and they withheld another 3 days wages plus 2 weeks commision i was owed as i was suspended on full pay while they investigated .

i was sentenced this week in court to community service and ordered to pay the full amount back to the company ( £ 1550 ).

My question is is can they legally withhold my wages that i worked for now i have been ordered to fully pay them back as they are not out of pocket from it ?

i have written to them and they have ignored my letters and emails

 

thanks in advance

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Hi,

 

In short answer no. This would be an unlawful deduction of wages. You would be entitled to start a ET against the company, as long as the 3 months + 1 days timescale (from cause of action) has not been breached.

 

HOWEVER

 

You have been dismissed from the company, criminally sentenced and subject to a fine and compensation order.

This would not put you in good stead with the ET.

 

You will need to prove :

 

The hours worked / commsision due.

 

Actual payment recieved and the shortfall.

 

I can understand why the company is doing this - they do not want to wait for x months for the repayment, but this does not mean the way they have done this is correct.

 

I would send recorded a 7 day LETTER BEFORE ACTION to your former employers, stating your case and that you will refer this to an ET (if within timescales). If not, your next cause of action is

county court. It will cost you about 70.00 quid, but you will need to hope that they 'fold' before trial.

 

Other Members may have more hopeful advice, but sadly i fear you may have a uphill battle.

 

Numbers

Edited by numbers666
Really bad spelling....
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Im pretty sure theres Law in place to recover losses through theft, I know theres a different law for people employed in retail, but as I understand recovery from theft cannot be more than 10% of your monthly salary or wage packet in one go. Like I said I have a feeling that Im 99% sure of that the amount is different to recover retail losses, but if you were in sales it shouldnt apply. I cant remember it exactly, but Im pretty sure thats the case.

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Employers can only recover losses through theft if there is a specific clause in the contract which permits it - other than for a retail worker (as hhh has stated) where different rules apply.

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