Withholding of Part Salary

[mkeay]

An hungarian friend works as a packer.

 

He started the job on or around the 16th April 2012.

 

He is paid monthly. On receiving his first months salary he found that he had been deducted £500 as a "deposit".

 

I have told him they cannot do this. I asked to see a contract of employment, and I cannot see any contractural terms allowing for this, and he received no letters or notice about this.

 

So the question is, how does he deal with this?

 

I would suggest submitting a letter to the employer asking for this £500 to make its way to his next pay, but I am concerned that with working at the company for less than 2 years, he may suffer some detrimental effect as dismissal if he asks for this.

[caro]

An hungarian friend works as a packer.

 

He started the job on or around the 16th April 2012.

 

He is paid monthly. On receiving his first months salary he found that he had been deducted £500 as a "deposit".

 

I have told him they cannot do this. I asked to see a contract of employment, and I cannot see any contractural terms allowing for this, and he received no letters or notice about this.

 

So the question is, how does he deal with this?

 

I would suggest submitting a letter to the employer asking for this £500 to make its way to his next pay, but I am concerned that with working at the company for less than 2 years, he may suffer some detrimental effect as dismissal if he asks for this.

Deposit for what? Doesn't sound right to me.

[mkeay]

There was no explanation for what the deposit was for.

[Conniff]

Does he have a written receipt for it ?

[mkeay]

As i understand it, he has a payslip showing the deduction - but i have not seen it.

[stu007]

Hi

 

This is from the ACAS website: www.acas.org.uk/

 

When can deductions be taken from my wages?

 

 

One of three conditions has to be met for an employer lawfully to make deductions from your wages or take payments from you. The deduction or payment must be:

• required or authorised by legislation (for example, income tax or national insurance deductions); or
  
• authorised by your contract – provided you have been given a written copy of the relevant terms or a written explanation of them before it is made; or
  
• consented to by you in writing before it is made.
  

There are exemptions from these conditions that allow an employer to recover, for example, an earlier overpayment of wages or expenses to you.

Are employees protected from unauthorised deductions from their wages?

 

Yes. The law protects individuals from having unauthorised deductions made from their wages, including complete non-payment. This protection applies both to employees and to some self-employed workers.

 

There are extra protections for individuals in retail work that make it illegal for an employer to deduct more than 10 per cent from the gross amount of any payment of wages (except the final payment on termination of employment) if the deduction is made because of cash shortages or stock deficiencies.

 

Workers who believe they have suffered an unlawful deduction from wages should take it up with their manager and/or HR/payroll department. If this doesn't resolve the matter, recourse may be made to formal internal procedures. Only if all else fails should a complaint to an employment tribunal be considered.

 

What does concern me is 'DEPOSIT' for what - If they try to say its for Personal Protective Equipment (PPE) then it is for the employer to supply that PPE not for the employee to bear the costs for this.

(Now this is only if it is for that but you really need to know what the deposit is for)

Edited December 31, 2012 by stu007