Wages withheld by Postmaster

[nellie123]

It might not be written down, but there is a contract.
As it is not written, the terms will be as discussed on starting work and as dictated by law.
A significant implied term is one of mutual trust and confidence, and if that has gone it could lead to a serious breach of contract

It seems to me that there is possibly a case here of unlawful deduction from wages
There are only three reasons which allow an employer to deduct from wages: 1) the law requires it (tax etc)
2) it is written into the contract of employment
3) the employee agree
Employment Rights Act 1996 sec 13-27

paulajayne or Ula will know more, but Christmas fast approaches so there might be some delay in response

Thank you for this very helpful reply.If it was of mutual trust my wife was never informed that a till discrepancy would become deductible from her wage.If she had been informed of that she would not have accepted the position. Very annoying , where do we go from here.

[des8]

It might not be written down, but there is a contract.
As it is not written, the terms will be as discussed on starting work and as dictated by law.
A significant implied term is one of mutual trust and confidence, and if that has gone it could lead to a serious breach of contract

It seems to me that there is possibly a case here of unlawful deduction from wages
There are only three reasons which allow an employer to deduct from wages: 1) the law requires it (tax etc)
2) it is written into the contract of employment
3) the employee agree
Employment Rights Act 1996 sec 13-27

paulajayne or Ula will know more, but Christmas fast approaches so there might be some delay in response

[nellie123]

Why have you started a new thread today about the same subject? There are answers in your other thread.

She does not have a contract, the postmaster would not give her a contract. At the previous post office where she was employed part time for over 8 years she did have a contract. Any shortfalls on stock were not charged to any employee at that post office

[nellie123]

Why have you started a new thread today about the same subject? There are answers in your other thread.

Thank for your reply. She does not have a contract

[james_law]

Any employer must have a very good reason to not pay you. And if this reason is lawful then you need to check your wife's contract and see if there is any clauses which allow the employer to withhold wages.

If you firstly just check your contract and post your findings.

[ostell]

Why have you started a new thread today about the same subject? There are answers in your other thread.