Employer not paying final wages

[Dimond]

Hope someone can help, my son in law started working for a taxi firm in January on an employed basis to do school contacts.
His emoyer has never given him a payslip, never let him have any holiday time/ pay.

He has now sacked him and refusing to pay his final wages even though he has registered it through hmrc.
But not paid it into my son in laws bank.
After chasing this up the employer told my son in law that he is withholding the pay due to the damage on the taxi. Even though my son in law did not damage the taxi and there was no damage on the taxi when my son in law returned it to the employer
Can the employer do this and not pay his wages after registering them with hmrc?

[EXC]

Hey Dimond

I'll give Ula a shout for you.

[Dimond]

Thank you

[ULA]

Does your son-in-law by any chance have a contract of employment with the taxi firm? If so is there any clause in their about deductions from wages?

Does you son-in-law have any proof that he returned the car undamaged or has the taxi firm provided evidence of the damage with an estimate of costs to repair.

[Dimond]

Contract very basic but Dosnt state anything about damages.
My son in law Dosnt have any proof of no damage.
And taxi company haven't provided any evidence of damage or any cost of repairs,
The taxi company have had the car back for over two weeks now as they sacked him middle of July and nothing was said when they took car back. Just tgat he would be paid his final wages on normal. Pay day which is 1st month.
They registered it on hmrc but never paid it to him

[ULA]

I would suggest that in the first instance your son-in-law writes to his ex-employer, stating that he denies that there was any damage to the vehicle when it was returned and that he is therefore due his owed wages up until the day he was sacked plus holiday pay which would have accrued from the time he started employment until the day he was sacked, plus statutory notice of one week's pay. Give a time limit in which this money should be paid such as 7 days and the continue by saying that if the owed money is not paid he will be making a claim to the tribunal for unlawful deduction of wages.

[Dimond]

Thank you

[Dimond]

My son in law sent a letter, giving 7days.

[ULA]

Thank you for the update, hope it works. Come back let us know how it goes.