Salary being witheld

[lish]

Hi

 

I know this is a bit off topic but I have noticed something similar posted here before so thought you might be able to help.

 

I am currently working my notice and as such will not be completing a training course which I had embarked on. The company has witheld half of my final wage (amounting to £750) saying this is to fund a percentage of the course in line with a training policy.

 

I have never had a contract of employment and nor have I signed anything agreeing to this policy.

 

If anyone has any knowledge in this area I would really appreciate your advice before I speak to my boss

 

Thanks

[bally35]

You are entitled to a contract of employment within eight weeks ( i think thats right) of commencing work, with certain details in this.

I would challenge their witholding of pay, since this may amount to an unlawful deduction.

Ask them to produce the signed (by you) copy of this conntract, in the first instance.

Hope this helps

[lish]

That's great, thanks - been here over six months and no contract given so hopefully I can get them to pay up!

[bally35]

Have you resigned or have they "let you go"?

[lish]

No I have resigned - off to bigger and better things but doesn't mean I can afford to lose half a month's salary!

[bally35]

No, I was trying to ascertain whether they had another agenda.

And if you had not been given a contract of employment, then tribunal time!!!

As it is you may still be able to, on the no contract issue and the witholding of pay.

Bet you're glad to be leaving.Company sounds like a shower of you know whats......

[lish]

Definately - it's typical of the industry (PR), so career change time for me

 

Thanks for your help, just got to take a deep breath and go and knock on the bosses door now!

[noodledoodle]

They can only withold money if they have received your signed agrement to it. This would be in the form of a contract of employment, or a training form some companies use stating that the money can be lawfully deducted from salary to cover course if you leave within xxx amount of time.

 

If your chat doesn't go to plan, contact the CAB and get an ET1 form (Employment Tribunal form) citing unlawful deductions from earnings. That combined with the fact they have not provided you with a written contract of employment should be enough to get them to roll over.

 

Hope that helps.

[bally35]

The very best of luck.Let us know how it goes...

[Sidewinder]

The employer doesn't actually have to give you a written contract as such - a contract can be verbal and is formed when you are offered, and then accept the job, but they do have to issue you with a written statement of terms including hours, pay, sickness and holiday entitlements and required periods of notice on either side. Many firms will just give a schedule of hours and pay, and a copy of say, a company handbook (or access to one) which will go into greater detail about employer and employee rights and obligations. If there is no specific term in a handbook or anywhere else relating to the cost of training being reimbursed by the employee on termination then they cannot enforce it.

 

If you can't find this clause in a handbook, or posted on a company noticeboard, then ask where in your terms of employment it was advised to you that this has been agreed by you, then phone ACAS for advice (08457 47 47 47).Have a look here Acas - Protection from unauthorised deductions

[lish]

Thanks you have all been a big help. I will definately call that number to double check my situation before I broach the subject

[Zola]

This happened with my partners ex company when he left, they deducted the entire last months salary from him for training courses, they even deducted him money for learning his job when he started, i.e him sitting with another employee to learn the ropes! they were a shamble of a company. He had to write a letter outling his grievences, have a meeting with them and then went to a tribuneral, the company paid up just before the hearing.

I would suggest you get on to ACAS they were fab great advise and assistance.

[tiglet]

A company I worked for several years ago (also PR) tried to do the same with me. i pointed out that it was not in my contract and they backed down straight away.

 

remember, you know PR now - they wouldn't like bad PR, now would they?

[winnie1]

can i just add that some company's include in their contract that you work for a certain amount of time after training, to ensure that they get their moneys worth. check contract again before following up, and by the way tribunals are not hard to go to, i won 3 days pay once and it didn't cost me a penny to go to tribunal. Its the principal and well as the money.

[bazak1]

yes as bally35 said your employer should have given you a contract of employment within two months. training schemes usually mean you sign declorations stating that if you leave within XXXmonths you pay XXX towards cost of scheme/test etc. try the acas site

Acas - Home they are particularly informative on there.