charges from employer

[andy86]

Hi all, will give you the jist of it. Its on behalf of my brother.
He started work for the dad of a friend of his 3 months ago, he has not signed a contract nor been given one as well as not received any wage slips.
He left and did not work his notice, he had to leave due to the stress and work load put on him. He has recieved no formal training in his job role and asked several people for help which be had none. The employer has now withheld his last wage and is deducting any charges which would of come about from his mistakes. He has not signed anything or been given anything which states this will happen. We have emailed him stating he has 2 weeks to fully pay him without any of these deductions as advised by ACAS. Does anyone have any experience in this field and do they know what would be the next steps after the 2 weeks?

Thank you

[bluebottle]

Re: charges from employer

Hi Andy and to Legal Beagles.

I will bump this thread for one of our Employment Law specialists to look in and advise.

:bump:

[Tools]

Re: charges from employer

All from ACAS http://www.acas.org.uk/index.aspx?articleid=1461

One of three conditions has to be met for you to lawfully make deductions from wages or take payments from a worker. The deduction or payment must be:

• required or authorised by legislation (for example, income tax or national insurance deductions)
• authorised by the worker's contract - provided the worker has been given a written copy of the relevant terms or a written explanation of them before it is made
• consented to by the worker in writing before it is made.

There are exemptions from these conditions which allow you to recover, for example, an earlier overpayment of wages or expenses to a worker.

The law protects individuals from having unauthorised deductions made from their wages, including complete non-payment. This protection applies both to employees and to some self-employed workers.


Pay, pay slips and pay deductions

Key points

• All employees are entitled to an individual written pay statement.
• Pay slips/statements must be given on or before the pay date.
• Fixed pay deductions must be shown with detailed amounts and reasons for the deductions - e.g. Tax and national insurance.
• Part time workers must get the same rate as full time workers.
• Most workers are entitled to be paid the National Minimum Wage.

Pay is one of the most important factors in our working life. It's a sensitive subject - the way it's handled can have a big impact on morale and productivity. The challenge for most companies is to set consistent pay levels that give value for money while rewarding workers fairly.
All employees are entitled to an individual written pay statement on or before the time they are paid. The statement must show gross pay and take-home pay, with amounts and reasons for all variable deductions.
Fixed deductions must also be shown, with detailed amounts and reasons. Alternatively, fixed deductions can be shown as a total sum, provided a written statement of these items is given to each employee in advance - or at the time of issue of the first pay statement showing the total sum. After this, a statement should be given at least once a year.