Wages withheld by Postmaster

[ULA]

We are here for you/your wife.

You have correctly contacted ACAS for early conciliation in regard to the unlawful deduction of your wife’s wage. In case you are not aware, whilst these discussions are taking place the time limit for making a tribunal claim is extended. The early conciliation period can be up to a month initially and can be shorter or up to 14 days longer according to need. If this does not work, then you can submit your ET claim but even given the above an eye on timescales needs to be kept so that is it is not out of time.

The solicitor’s letter, in my view, a direct response to your letter of 2 Jan and is an attempt to deflect the situation away from the actions of the postmaster. If you want to post up an anonymised draft of your reply to the solicitor, then we are happy to review for you.

[nellie123]

My view is that they are just trying to bully you, at the end of the day the solicitor is a family member and it has not cost the postmaster anything to get that letter sent. The police have already dismissed that there is a case to answer and if the postmaster did pursue a claim his solicitor would need to complete the “particulars of claim” and in this detail and evidence that the shortfall is down to your wife.

As Des8 has said I suggest you respond back to the solicitor that you refute and will rigorously defend any claim that is brought. I would also include the fact that you reserve the right to put in a counter claim for the unlawful deduction of wages unless this has been resolved by other means. Do not indicate at this time you have started an ET claim.

In the meantime, I would continue with your ET claim for the unlawful deduction of wages. If there is no engagement in the ACAS early reconciliation process by the postmaster, then it will go forward as an ET claim.

Just be aware that if you did make a counter claim there would be a court fee to pay, however there is no ET fee payable.

Thank you very much for that reply . I don't want to pester the man who is dealing with my wifes case at ACAS ,as I should imagine they have multiple things in front of them on their desk. From the comments and replies I have received on here ,I feel confident to reply to the solicitor but I don't want to interfere with any ongoing process. Please keep replying it is good for our morale

[ULA]

My view is that they are just trying to bully you, at the end of the day the solicitor is a family member and it has not cost the postmaster anything to get that letter sent. The police have already dismissed that there is a case to answer and if the postmaster did pursue a claim his solicitor would need to complete the “particulars of claim” and in this detail and evidence that the shortfall is down to your wife.

As Des8 has said I suggest you respond back to the solicitor that you refute and will rigorously defend any claim that is brought. I would also include the fact that you reserve the right to put in a counter claim for the unlawful deduction of wages unless this has been resolved by other means. Do not indicate at this time you have started an ET claim.

In the meantime, I would continue with your ET claim for the unlawful deduction of wages. If there is no engagement in the ACAS early reconciliation process by the postmaster, then it will go forward as an ET claim.

Just be aware that if you did make a counter claim there would be a court fee to pay, however there is no ET fee payable.

[nellie123]

We started the process with ACAS 1 day prior to us receiving the solicitors letter.Obviously the concilliation progress is not going to work due to the aggressive manner in which the letter was written.Will our claim now be forwarded to an employment tribunal or will we have to adhere to the solicitors letter and go to court.

[des8]

A response to the solicitor warning him that any claim will be vigorously defended and a counter claim lodged for the illegally withheld wages, which are required to be paid in full within the same time frame to avoid court action.

He sounds like a bully and needs to be treated with contempt

[nellie123]

This link might provide interesting reading. especially seeing whose website it is!
https://www.peninsulagrouplimited.co...-for-mistakes/

very interesting reading but the clock ticks

[nellie123]

That’s disgusting. So with no evidence a solicitor has demanded in writing that your wife pays the money back within 14 days or face court action. I’m not qualified in any way shape or form to give you a legal response, but, that said, if it were me I would be asking the solicitor to provide me the evidence within 14 days that proves your wife indeed owes this money and if no reply is forthcoming, report him/her to the relevant standards who deal with solicitors.

Thank you for your answer which is very welcome at this time. We have a few irons in the fire at the moment as it is totally p g me off now. If anyone out there can help us please do.

[Setmefree3]

do you want me to type the full letter or can I do it more privately ? the answers to the above is no to your first question. The answer to the second question
is in the solicitors letter its say and I quote ( By way of background we understand that you were emloyed by ) . My wife has been ill ,and still is due to this farce. She has not been told she has been sacked, fired or any name you want to call it . She is on sleeping tablets , she self certified as sick when this first arose and has a Doctors sick note until the end of this month

That’s disgusting. So with no evidence a solicitor has demanded in writing that your wife pays the money back within 14 days or face court action. I’m not qualified in any way shape or form to give you a legal response, but, that said, if it were me I would be asking the solicitor to provide me the evidence within 14 days that proves your wife indeed owes this money and if no reply is forthcoming, report him/her to the relevant standards who deal with solicitors.

[nellie123]

Oh my goodness. Did the solicitors letter provide details of the "errors" and any proof of them?

Just a quick question is your wife still working there?

do you want me to type the full letter or can I do it more privately ? the answers to the above is no to your first question. The answer to the second question
is in the solicitors letter its say and I quote ( By way of background we understand that you were emloyed by ) . My wife has been ill ,and still is due to this farce. She has not been told she has been sacked, fired or any name you want to call it . She is on sleeping tablets , she self certified as sick when this first arose and has a Doctors sick note until the end of this month

[des8]

This link might provide interesting reading. especially seeing whose website it is!
https://www.peninsulagrouplimited.co...-for-mistakes/

[ULA]

Oh my goodness. Did the solicitors letter provide details of the "errors" and any proof of them?

Just a quick question is your wife still working there?

[Setmefree3]

So today we have received a letter from a solicitor. ( who is a family member of the postmaster ). They originally accused my wife of stealing this money, the police have investigated this and have said they would not be taking any action against my wife. Suddenly they have stated in a solicitors letter , and I quote. ( your till suffered a shortfall due to errors on your behalf ). The solicitor is asking that we pay the balance of the till deficit which is £630.33 that is extra to the wages of £ 281.88 that was the amount withheld. We have 14 days to pay this or face going to court. PLease help

Family member solicitor, would that not be a conflict of interests? Where’s the evidence if the police said there would be no action taken. Is there substantial evidence that the error is your wife’s fault? How can they take court action if the police has said no action, on what grounds? Did your wife admit to it being her fault.

[nellie123]

If there has not been any response from the Postmaster to your letter requesting the wages that has been unlawfully deducted and as you have concluded the 7 days given him, then ACAS is the next course of action. It is likely that they will seek to offer you their Early Reconciliation process, here is a useful link to that process

http://www.acas.org.uk/index.aspx?articleid=4028

So today we have received a letter from a solicitor. ( who is a family member of the postmaster ). They originally accused my wife of stealing this money, the police have investigated this and have said they would not be taking any action against my wife. Suddenly they have stated in a solicitors letter , and I quote. ( your till suffered a shortfall due to errors on your behalf ). The solicitor is asking that we pay the balance of the till deficit which is £630.33 that is extra to the wages of £ 281.88 that was the amount withheld. We have 14 days to pay this or face going to court. PLease help

[nellie123]

Sorry, the first link was about a postmistress who had been jailed because of the system "glitch"

sorry only just seen that post

[ULA]

If there has not been any response from the Postmaster to your letter requesting the wages that has been unlawfully deducted and as you have concluded the 7 days given him, then ACAS is the next course of action. It is likely that they will seek to offer you their Early Reconciliation process, here is a useful link to that process

http://www.acas.org.uk/index.aspx?articleid=4028