Wages problem

[phatram]

I started work at a local business but left after a few weeks after being offered a more suitable job at a local school. During my Induction, I was told that the DBS fee they had paid for me would need to be repaid should I leave within 12 months, which I agreed. I was not told of any other fees that might have to repaid.

 

 

I have finally received my final payslip and P45 to find out that I have had 2 deductions - the DBS fee (which I had agreed to) and a fee for a First Aid Course that I had to attend on a Saturday morning, which, although I was told I would get paid for attending, I have not been. I have never received a copy of my Contract/Terms of Employment, and think the charge for the Course is incorrect.

 

 

Any advice gratefully received.

 

 

Mrs P

[Sidewinder]

In the first instance, write to the employer to challenge the deduction and state that you had not agreed for the First Aid course fee to be reclaimed and/or that you have not been paid for attending that course in the first place. Calculate what you think you are owed and state that you expect this to be repaid by a specific date or that you may have to resort to legal action to recover this - if you are prepared to do so via MCOL

 

Whilst it is true that proving a claim might be difficult in terms of not having a contract, it is also true that the employer cannot make deductions from wages without your written permission, so if push came to shove the employer cannot prove that he was entitled to deduct the money, so as long as you can evidence the fact that work was carried out they would have little room to defend a claim

[phatram]

I have contacted them by email stating that I was never informed these costs could be reclaimed, and that I consider their action to be unlawful. I have given one week for their response. Thank you for your help

 

 

Mrs P

[ericsbrother]

email is rubbish and will be ignored. Proper letter is harder to ignore and obvious you have a copy.

[phatram]

They've replied with the following,

 

 

All costs that we incur are deducted out of the last months pay as stated in the induction and contract if you leave our employment within 12 months. The reason for this is as you can appreciate the cost of you now being a qualified first aider and leaving within a month would be quite significant to any business.

Regards

**** ****

The only cost they told me about was the DBS which I accepted.

[phatram]

I was told by them I had to attend the first aid course even though I was already a qualified first aider being a foster carer which they said didn't matter. I didn't need it now they've charged me for it and to cap it all not paid me or in fact any of the staff for attending!

[becky2585]

If you were never provided with a contract and didn't agree to the deduction in writing then they have no right to deduct either the DBS or the FA course.

It doesn't matter if you agreed it verbally - your wages are protected by statute and they have no evidence of any such agreement!

[phatram]

The owner of the business is well known for cutting corners, it looks like they've cut one too many.

[phatram]

Mrs P says that she signed a form after her induction which she thinks was to confirm she had completed the induction. She can't recall anything in there about reclaiming monies for courses.

She never received a contract or any other work related literature.

 

 

What should she do next? Should she ask for a copy of contract etc?

[ericsbrother]

she cabn ask for a copy of the contract in the samw letter where she asks for the money unlawfully deducted. Once the employer twigs that they havent got a copy and the other agreements in writing they will realise that this is going to cost them. However, sometime pig-headedness and stupidity trump common sense and proof

[phatram]

Dear ****

 

Having checked my payslips, it seems I have not been paid for attending the First Aid course on *************. Would you please provide me with a copy of my signed Contract, and a copy of the document where I gave written permission for you to deduct any monies from my final month’s pay. May I remind you that wages are protected by Statute and you should not be making any deductions without my written consent.

 

I request that £****, plus the unpaid wages due for attending the Course, to be paid into my account by 1 February 2017. A failure to pay the amount which I believe to be due, without also providing me with a contract, signed by me, which authorises such deductions as have been made, will result in me being forced to take legal action which will add further costs and interest

 

Yours sincerely

 

Mrs P

 

Does this look ok?

 

Mrs P

[Sidewinder]

Looks good to me at least - although I would probably add the bits that I have marked in red

 

Be prepared to follow through with a claim though

[phatram]

Their reply,

 

 

Dear Mrs P

 

 

As you have previously stated you agreed to the DBS reimbursement as we paid this to help you with the costs before your employment began.

 

As a gesture of goodwill i will reimburse you the cost of the First Aid course, this was not a mandatory course and you attended this voluntary.

 

I will issue you a cheque for £75.00 and this will need to be collected by you, at a convenient time to suit us both.

 

Kind regards

 

 

****** **********

[phatram]

Mrs P is adamant she was told attendance was compulsory for the 1st aid course. It took place on a Saturday(not a working day) and it seems none of the attendees have been paid but won't say anything which is saving the owner between £300 and £400.

 

She says as she did agree to pay back the DBS fee she wont claim it back.

 

I find the last line of the email a little disturbing, why on earth would they say that? they have her bank details still or could put it in the post.

 

Maybe I'll pay the owner a visit to collect it.

[ericsbrother]

a sensible compromise from them, they clearly dont want to admit any shortcomings but if you get the money let them have their victory. It isnt you that needs to learn a lesson from this.

[phatram]

Dear ******,

 

At no time was I told attendance on the Saturday first aid course was voluntary and I expect to be paid for my time and I would not have attended voluntarily to attain and pay for something I already have.

 

If you would be so kind as to either pay me when you do the wages as you have my bank details or please give the cheque to **** or ***** when they collect **** as I’m unable to collect it due to work commitments.

 

I expect payment to be for attending the first aid course and the £75 Fee.

 

 

Regards

[phatram]

Dear Mrs P

 

All staff are aware that non mandatory courses are attended voluntary as these count towards your continuing professional development. I will not be able to pay you through the bank as you have been removed off the bacs list.

 

I am disappointing that you seem to want leave on bad terms as we have always been accommodating to your needs. I will pay you the four hours that you attended the course as a gesture of goodwill. I will need to get the accountant to work this out as obviously this will be subject to tax /NI.

 

I will need you to come in and sign to say this amount is in full and final settlement of your dispute. If you can let me know when this will be.

 

Kind regards

 

***** ********