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Unauthorised deduction

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  • Unauthorised deduction

    Hi Everybody,

    I am looking for advises.

    My previous employer has made a deduction on my wage based on assumption.

    They took £705.43 and the reason was they have a missing playstation and a missing phone in the office. I was not in charge of the playstation and for the phone, I am pretty sure I have left it on my desk the last time I used it. As the phone was my responsibility I agreed to pay for it because I shouldn't have leave it probably.
    When I saw the deduction I asked them for more information and they sent me screenshots of ebay and argos website saying that is the way they broke down the amount of the deduction. I am not an expert in UK law but I am pretty sure that the way they calculated the deduction is a bit dodgy. Moreover, the price that they have look on ebay for the phone is for a different model (the phone was a galaxy note 3 and they have looked for the price of galaxy note 4 which is obviously more expensive).

    When I read my contract in details again I realised that they didn't pay my holidays either (the amount is £305.89).

    I tried to find an agreement with them but they just ignored my emails, I have then filled in an early conciliation form with ACAS. After two weeks they made a "generous offer" (that is what they said) of £250 that I obviously declined. They are now trying to say that the laptop I gave them back was broken and they had to pay £450 because I downloaded movies on it.

    It seems that the only way will be the claim at the tribunal. My question is can I ask for liquid damages in that kind of matters (basically that money was meant to relocate to London and I now live at a friend's because I didn't have that money to take a temporary accommodation the time to start my new job) because it makes my life harder at the moment, on the top I am late to pay my phone bill because of that as well.

    Thank you for your help
    Tags: None

  • #2
    Re: Unauthorised deduction

    No they cannot make deductions from your salary without your authorisation. Nor can they refuse to pay accrued holiday pay.

    Did you leave the phone on your desk for them to collect as you were leaving? If you accept that it was your fault then the proper sum would be the price paid less depreciation.. As this is computer equipment (a smart phone) then this would be depreciated over 3 years, ie 1/3 off after the first year. 2/3 after the second. If this was a company asset, no reason why it was not, then they would have already depreciated it on their books so claiming again is fraud.

    So laptops break, what is their beef about that?

    This could end up as small claims court.

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