Unfair deductions from my pay check

[Guest]

Hi,

I hope I have posted this in the correct place, please feel free to move it to the relevant forum if not.

Basically, I'm looking for some advice;

I had been working at a company as an Area Sales Rep for the last 9 months and have recently handed in my notice.

From the start, I had a feeling my time eith the company would end badly. At interview I was give some assurances about targets, bonus and job role etc. Unfortunately, these weren't written into my contract but I do have emails saved on my laptop to my MD questioning these issues. Again, unfortunately I don't have the reply came direct to my iPhone (which I had to return) and not my personal laptop. Basically, we had agreed at interview that I would have a 6 month period where targets would not be enforced and also after this months I would basically have a review with my boss and agree on the targets together. This did not happen. Although, I know that one other rep definitely had a 6 month period where she was not targeted.

Additionally, I was also told that there wasn't many accounts and that no rep had been in the area previously. I would basically be given freedom to build business as I pleased within the territory. When I joined, I found out that the area had a high turnover of Reps and had in fact been badly managed on occasions before; also took on over 100 accounts; which was obviously a shock to me.

As time passed, I never had any performance reviews etc, my boss (also MD) failed to even reply to my last email in which I raised some relevant issues. I had asked for additional training and support throughout my time there but nothing was ever done to help. I had one training session and had asked for follow up training and support.

Also, I was supposed to have been given freedom to effectively "wheel and deal" within my territory, but internally I found out that my boss had effectively over ruled my decision on business on some accounts without telling me, which meant I was effectively visiting annoyed customers without prior warning of what had actually happened with HO; again very embarrasing from a Reps prespective.

To get to the point, about a month ago someone scratched my car (belonging to the company), which I reported and described with photos according to my contract. I believe it was caused by a construction vehicle which visits a building site near my house. I offered to get details from the third party company so it could be fixed via insurance etc but my company decided not to proceed any further.

Fast forward; I handed in my months notice. I was told by my MD that if I didn't want to I wouldn't have to work out a month. For financial reasons etc I chose to work out my month at which point they rang me and told me that my probation had been extended and that they were now giving me two weeks notice. I didn't agree to this at all as I was never informed or had any indication that my probation was extended. So eventually, they offered to pay me up my full months notice as long as I dropped my car and belonging back to HO asap.

I agreed reluctantly, but now they have informed me that they will be deducting £150 for the cost of the repairs to the car. Basically, I believe I have reported this correctly, offered to resolve this so the fact that they didn't act on it should be at their loss. I refused and said that I would talk to the insurers of the third party so they could fix the problem. My company have basically said that any insurance claim needs to go through their company so they have the right to with hold £500 from my wages to cover the excess and that once the investigation was complete they would refund the difference.

Basically, I think this is rubbish as they don't need to get their own insurance involved in any way; so it shouldn't affect their excess; surely liability would be palced with the third party insurance company. They have told me they won't pay me unless I agree to either be deducted the £150 or the £500. I have all this information in emails that I have saved.

I'm kind of resigned to the fact that in fact I won't have any luck with the third party insurance company as it happened some time ago and there are no actual witnesses but I think I followed procedure correctly so its unfair I should be charged for it. Can I claim this money back at all or what are my rights here?

I'm literally at the end of my tether with this company, I have just gone back on anti-depressants and just want to be done with it. I just want some fair treatment and would like to get my money back but am worried about a claim as I don't have a lot of money to pay solicitors etc.

Thanks for the help! I would greatly appreciate any advice.

[Guest]

Re: Unfair deductions from my pay check

It is also worth noting that I was not given any sick pay; is there a statutory sick pay that all employees should recieve?

[Guest]

Re: Unfair deductions from my pay check

They've now just delayed payment on my wages from the agreed date! Is there anything I can actually do here? I'd just like them to acknowledge that they have treated me unfairly! :tinysmile_cry_t:

[labman]

Re: Unfair deductions from my pay check

Are you in a union? What is said in your contract of employment about this area?

[charitynjw]

Re: Unfair deductions from my pay check

Hi bruce2k, & welcome to Legal Beagles.

The answer to your questions will depend largely on what you are aiming to achieve.

If you are claiming for unlawful deduction of wages, all you need to do is prove that you have earned the money, & it has been witheld without justification.

If you feel you have been badly treated to the point of having little option to resign, you will be looking to make a claim for constructive dismissal.
These are notoriously difficult to win; I believe the success rate is around 3%.
& as you have not gained the necessary 2 years qualifying period necessary to make an unfair dismissal claim.....

As regards the car problem, if the employer is charging you for the excess, there should be a clear written policy concerning this, either in your contract of employment, statement of employment particulars, or in some other 'transparent' document to which you have been advised/warned about.

[Guest]

Re: Unfair deductions from my pay check

Thanks for both of you replies. I am gettin desperate and feel quite upset it has ended like this..

I'm not in a union unfortunately so have noone to turn to really.

Basically, they have charged me £150. Although not a huge deal of money; I have 100% positive they have just picked this figure from the sky as I have asked to see the quote (and inovice) and also photos of the repair works; these have not been provided. Furthermore; on the day I dropped my car back I found out it was being give to a rep in another area so the likelyhood of any of this work or quotes been done on the damage is complete rubbish. I'd just like to get my money back; is small claims a potential option? I'm afraid that if I refer it to a legal professional it will cost an arm and a leg.

There was nothing is any contract or handbook that refers to withholding of £500 excess; fortunateyl this hasn't been done but they had threatened it.

[charitynjw]

Re: Unfair deductions from my pay check

Some info on 'small claims' action attached

[Guest]

Re: Unfair deductions from my pay check

Thanks for the info. I'll read it right through later this evening!

So in addition, I had to book a train from London to Cardiff for £35.50, so i could drop the car back to HO and then get myself home. I had put the train journey towards expenses as it falls under reasonable expenses incurred during the course of work. They have denied this but contractually I think its definitely reasonable as the only reason I booked the ticket was to facilitate the request of the company to drop the car back.

And as I had followed contract by reporting the car damage and they chose not to further it in any way, then the onus for payment should fall on them, right?

I was thinking of putting in a small claim for the amount of £185.50. Does this seem reasonable or would I be wasting my time?

[charitynjw]

Re: Unfair deductions from my pay check

You need to follow pre-action protocol first; a 'Letter Before Action' is required.

If you are reasonable, & they prove to be unreasonable/vexatious, you could also try for wasted costs (all those hours you put into this, @ £18/hr.)

[Guest]

Re: Unfair deductions from my pay check

Thanks; I had already told them that if they deducted costs that I deemed unreasonable as per contract that I would consider my legal options. I have this in emails.

Could I write a "Letter Before Action" myself or would I be best placed to get a solicitor who is specilaist in employment law to do it?

I'm by no means out to try falsify any claims to get money but I just feel very strongly that I've been hard done by here and belive that I am in the right.

[charitynjw]

Re: Unfair deductions from my pay check

If it were me, I'd LBA for the current quantifiable loss, & mention possible further costs if applicable.

Give a reasonable response time.

Then, if no show, or vexatious attitude, consider small claims action - using their free mediation service.

[Guest]

Re: Unfair deductions from my pay check

Thanks for the reply; really appreciate the help.

A close friend of mine works as a paralegal for an employment law company so I will get her opinion aswell. Also, my girlfriends mother is HR director of a large company so her knowledge won't hurt either!

[elbmek]

Re: Unfair deductions from my pay check

The prob with companies these days is, despite the law, they can do what they want and care nothing for workers. When my company changed a workers pay details they were confronted by the staff and they said oh there must have been a mistake - they say the same for all transgressions they pursue. My hourly pay has been reduced, without consultation, by 25p an hour. I still have an original contract and it has never been replaced. I travel across this part of the country regularly and speak to many of the security officers employed by this company. The story is the same everywhere, they all have complaints and they all reported a complete lack of response from the local area office. Even site supervisors report nil action and response. The office staff simply do not care nor want to know. I was on a fuel allowance forcibly reduced by the company to 13p AFTER 10 miles in each direction. And they demanded VAT fuel slips with each monthly return and they then claimed the VAT back off the fuel I had bought.

I spoke to the HM Taxes who told me to save up my slips and receipts and sent them to them each year. I am now doing that. So, as you can see, its not just you - I think you will find its national.

[labman]

Re: Unfair deductions from my pay check

Always good to know you're not the only one, even if it sometimes feels like it.

Thanks for posting that! :beagle:

[elbmek]

Re: Unfair deductions from my pay check

They know that we, joe public, are unlikely to take it further because of the risk of expenditure that we may have to find, and also the risk of losing the very job we are complaining about. I have 11 months to go before I officially retire, so I am not that scared of them, but finding another job would be hard because ageism is also employed by most firms too.