Employer has withheld wages - any help appreciated

[tpu46]

I was dismissed from my job on the 22nd of September. My employer has withheld wages from my wage that was paid to me on the 28th of September which they call a deduction for non-return of company equipment. I have been trying to arrange collection of the equipment with them since the 23rd of September however it was only collected on the 30th. Consequently, my essential bills are now in arrears. My employment contract makes no mention of their ability to withhold wages with so little notice. Would be grateful if someone with knowledge of employment law could give me some advice.

Thanks

[ULA]

I would suggest that you just double check your contract of employment as the majority that I come across do have a clause based on recovery of monies from salary on termination for things like, loans, training, non return of company property, overtaken holiday etc. This list may not be conclusive but is indicative of what can be recovered by an employer.

If there really is no such clause then it would potentially be considered an unlawful deduction from wages, however two things:

1. Are they now intending to make the payment? If so you would have very little basis for a claim.
2. If they have not yet indicated any payment of what was deducted now the property has been returned. I would suggest in the first instance, you email the company and request the deducted monies now be paid to you.

[tpu46]

I would suggest that you just double check your contract of employment as the majority that I come across do have a clause based on recovery of monies from salary on termination for things like, loans, training, non return of company property, overtaken holiday etc. This list may not be conclusive but is indicative of what can be recovered by an employer.

If there really is no such clause then it would potentially be considered an unlawful deduction from wages, however two things:

1. Are they now intending to make the payment? If so you would have very little basis for a claim.
2. If they have not yet indicated any payment of what was deducted now the property has been returned. I would suggest in the first instance, you email the company and request the deducted monies now be paid to you.

I have checked the contract of employment and there is no such clause.

They are now intending to make the payment tomorrow however I have already been subjected to financial difficulty. My issue is more so the lack of any notice being given. If I had not returned the equipment in a month's time I could understand, but they didn't even give me time to return the equipment prior to the date I was due to be paid my final wage. Surely costs for non-returned equipment should be recouped separately in such an instance.

[ULA]

They have agreed to make the payment which although not ideal, since you feel you were subjected to financial difficulty, from a practical perspective, it is a far better outcome than you having to make a claim against them.

[motigba]

I would suggest that you just double check your contract of employment as the majority that I come across do have a clause based on recovery of monies from salary on termination for things like, loans, training, non return of company property, overtaken holiday etc. This list may not be conclusive but is indicative of what can be recovered by an employer.

If there really is no such clause then it would potentially be considered an unlawful deduction from wages, however two things:

1. Are they now intending to make the payment? If so you would have very little basis for a claim.
2. If they have not yet indicated any payment of what was deducted now the property has been returned. I would suggest in the first instance, you email the company and request the deducted monies now be paid to you.

"TAKE THEM TO THE EMPLOYMENT TRIBUNAL - A SIMILAR ISSUE HAPPENED TO ME. list out all that is owed to you - ensure that you calculate your holiday pay per daily rate"

[ULA]

motigba there is absolutely no point in taking them to an employment tribunal if the employer has made the payment that was withheld as indicated was going to happen in post #3