Issue with previous employer over wages

[Batista230]

Re: Issue with previous employer over wages

If that sounds good with you Im going to go for that then
Over the weekend I will work out everything that is owed to me and prepare a letter
Watch this space

Thanks for your help
Batista230

[Batista230]

Re: Issue with previous employer over wages

Government rules regarding deductions from wages

Under the law, only the following deductions are permitted:

• deductions required by law. e.g. income tax, insurance and government loan payments
• deductions that the employee has explicitly consented to in writing subject to certain conditions
• deductions explicitly mentioned in the employee's contract of employment and agreed to by the employee
• deductions that come about as a result of the violation of any statutes and imposed through disciplinary proceedings
• deductions for any statutory payments that are to be made to a public authority
• deductions incurred as a result of absence from work because of employee participation in strikes and other industrial actions
• deductions which are for the purpose of recovering excess payments of wages or expenses
• deductions that are ordered by a court or through an Employment Tribunal decision

As an additional protection for workers, there is a rule that limits the amount of deductions that the employer is allowed to make. This rule specifically states that even with your explicit permission, deductions must not result in the reduction of your pay to levels below the standard National Minimum Wage amount.


Deduction Agreements

Deduction agreements are agreements where the employee consent to certain deductions being made from his wages. These deductions can only be imposed for agreements that were drafted beforehand.
For example, in cases where there are inventory losses during the subject employees shift, the amount of loss can only be deducted if there was a written agreement before the losses occurred which allow deductions to be made in such cases. The agreement must clearly state also the manner in which the amount to be deducted will be computed.


Procedure to Follow In The Event of Deductions

If you noticed that you have not been paid your full wages during a certain period, the first thing to do is to look at the pay slip as well as your employment contract.
Verify if the deductions are indeed lawful and within the parameters mentioned above.
If this is not the case, the next step would be to take it up with your employer to see if they have a reasonable explanation. The aim here is to be able to solve the problem without resorting to legal measures.
The next step would be to consult with your local union or employees association to see if they can intercede or work out a solution your behalf.
However, if after exhausting all those means and no solution has been reached then your only recourse would be to seek intervention through an Employment Tribunal to recover not only your money but also the charges you may have incurred due to non-receipt of your wages.

One-off deductions
One-off deductions may be voluntary or compulsory and are often linked to termination of employment. Again, they are only lawful if they are defined in your employment contract or if you have given your signed agreement to them. Examples are:

• a charge for damaging company property, e.g. damage to a company car that was caused by your neglect
• a charge for non-return of company property, e.g. clothing or tools, on termination of employment
• failure to work your contractual period of notice, e.g. a week’s pay deducted from your termination payments
• recovery of an advance of expenses
• recovery of holiday pay that has been paid in excess of your entitlement, e.g. you were entitled to two week’s paid holiday up to the date of leaving but you have actually taken three week’s paid holiday. See the FAQ – Can my employer deduct holiday pay from my final wages?

But note that deductions that are punitive in nature are only likely to be lawful if the amount of the penalty is a reasonable reflection of the actual loss to your employer. For example, if you should have given four week’s notice to leave your job and you only gave two week’s notice, and your employer deducted two weeks’ pay from your termination pay, that may not be lawful if the employer’s mmonetary loss caused by you leaving early was less than two week’s pay.
Your employer is also considered to have made a deduction from your wages if you are paid less than you are entitled to be paid under your contract. However, such a deduction would not be treated as unlawful if the underpayment was due only to an error made by the employer in calculating your gross pay.


Holiday entitlement




https://www.gov.uk/holiday-entitleme...ts/entitlement

I am just typing up my letter of grievance
and wondered if you have a gov site web link to this please

[des8]

Re: Issue with previous employer over wages

Try this : https://www.gov.uk/understanding-you...-from-your-pay

[Batista230]

Re: Issue with previous employer over wages

Try this : https://www.gov.uk/understanding-you...-from-your-pay

Thanks for the link
That should do!
I will add it to my letter

[Batista230]

Re: Issue with previous employer over wages

hear is a draft of my letter
I would like to know what you think?

______________________________________

Re: letter of grevance over wages

Dear Sir
I worked for you as a driver from the 15th Dec 2014 until the 14th Feb 2015
I have several discrepancies with my wages and pay slips please see below


1. My standard rate of pay
My pay slips do not show the quantity of hours I have worked , only the basic pay and total payments
I had no agreement on pay so I shall assume I am entitled to the NMW (natinal minimum wage)
I worked for you for 8 weeks and listed below are the hours I have done whilst employed by your company


week 1 . (tax wk 38) 67.07hrs worked over 6 days
I was paid Ł252 gross which equates to Ł3.76 /hr

week 2. (tax wk 39) 12.70hrs over 1 day
I was paid Ł115.50 gross which equates to Ł9.00 /hr
However I was advised that some of this included holiday pay

week 3. (tax wk 41) 69.60hrs over 6 days
I was paid Ł294 gross which equates to Ł4.22 /hr

week 4. 64.05hrs over 6 days
I was paid Ł287 gross which equates to Ł4.48 /hr

week 5. 67.60hrs over 6 days
I was paid Ł266 gross which equates to Ł3.93 /hr

week 6. 68.43hrs over 6 days
I was paid Ł276.50 gross which equates to Ł4.04 /hr

week 7. 70.45hrs over 6 days
I was paid Ł252 gross which equates to Ł3.58 /hr

week 8. 62.87hrs over 6 days
I was paid Ł280 gross which equates to Ł4.53 /hr

total hours 482.77 / 8 = 60.35 average week

total hrs 483.77 x NMW 6.50 = Ł3144.51

Holiday pay
As I did not sing a contract of employment
I have used the below link to calculate my holiday pay on an hourly bases
https://www.gov.uk/calculate-your-holiday-entitlement/y
The answer is:
The statutory entitlement is 57 hours and 24 minutes holiday.

57.40 hrs x 6.50 (NMW) = Ł373.10

Expenses
I was told that all expense would be paid to me
However non of this is shown on my pay slips
wk 2 Ł29.60 river 7 bridge
wk 5 Ł10.00 mobile phone

total Ł39.60


Unlawful deductions
And finally on my final pay slip it show my basic pay of Ł280.00 and total payments (including night out allowance) of 437.50
I was paid Ł300 in cash which included a Ł68.00 deduction for the loss of a battery cover
and a Ł40.00 deduction for the loss of 2 ash trys
However reading this link
https://www.gov.uk/understanding-you...-from-your-pay
"Government rules regarding deductions from wages"
I see there is no permeable lawful deductions for any loss or damage to company property
So I ask for the balance

total payment on the payslip Ł437.50 - Ł300 cash = Ł137.50 due

Summary of the above
total emount of the above Ł3694.71

Total paid
And this is what I was paid acording to my pay slips at basic rate prior to tax duductinos

wk1 Ł252.00
wk2 Ł115.50
wk3 Ł294.00
wk4 Ł287.00
wk5 Ł266.00
wk6 Ł276.50
wk7 Ł252.00
wk8 Ł280.00

total paid = Ł2023

Total due
The balance shows you owe me Ł1671.71
please pay this within 7/14 day or rely to this letter with your reasons stating why you do not owe the money

[vanman]

Re: Issue with previous employer over wages

do you use a tachograph ?

Maximum weekly working hours


Opting out of the 48-hour week

https://www.gov.uk/maximum-weekly-wo...and-opting-out

Workers who can’t opt out

Employers must not allow the following staff to opt out:

• workers on ships or boats
• airline staff
• workers in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
• other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
• security guards on a vehicle carrying high-value goods

[paulajayne]

Re: Issue with previous employer over wages

Sign a contract - Not sing.


"Holiday pay
As I did not sign a contract of employment
I have used the below link to calculate my holiday pay on an hourly bases
https://www.gov.uk/calculate-your-holiday-entitlement/y
The answer is:
The statutory entitlement is 57 hours and 24 minutes holiday."

[Batista230]

Re: Issue with previous employer over wages

do you use a tachograph ?

Maximum weekly working hours


Opting out of the 48-hour week

https://www.gov.uk/maximum-weekly-wo...and-opting-out

Workers who can’t opt out

Employers must not allow the following staff to opt out:

• workers on ships or boats
• airline staff
• workers in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
• other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
• security guards on a vehicle carrying high-value goods

Yes we do use tacos and yes I have print outs/ proof of my hours
I dont recall singing a 48 hr opt out form


I am not confused
As I have always been told that under the working time directive one can only work for a maximum of 60 hours a week
and must not average no more then 48hrs a week over a 17 week period
brakes and periods of availability within the shift are not included, only driving time and other work

As I have always singed an opt out form with every other employer

What gave you the impression I was a lorry driver?

Sign a contract - Not sing.


"Holiday pay
As I did not sign a contract of employment
I have used the below link to calculate my holiday pay on an hourly bases
https://www.gov.uk/calculate-your-holiday-entitlement/y
The answer is:
The statutory entitlement is 57 hours and 24 minutes holiday."

OK thanks dor the spell check
hope that was the only word I missed

[Batista230]

Re: Issue with previous employer over wages

do you use a tachograph ?

Maximum weekly working hours


Opting out of the 48-hour week

https://www.gov.uk/maximum-weekly-wo...and-opting-out

Workers who can’t opt out

Employers must not allow the following staff to opt out:

• workers on ships or boats
• airline staff
• workers in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
• other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
• security guards on a vehicle carrying high-value goods

Yes we do use tacos and yes I have print outs/ proof of my hours
I dont recall singing a 48 hr opt out form

I am now confused
As I have always been told that under the working time directive one can only work for a maximum of 60 hours a week
and must not average no more then 48hrs a week over a 17 week period
brakes and periods of availability within the shift are not included, only driving time and other work

As I have always singed an opt out form with every other employer

What gave you the impression I was a lorry driver?

Sign a contract - Not sing.


"Holiday pay
As I did not sign a contract of employment
I have used the below link to calculate my holiday pay on an hourly bases
https://www.gov.uk/calculate-your-holiday-entitlement/y
The answer is:
The statutory entitlement is 57 hours and 24 minutes holiday."

OK thanks for the spell check
hope that was the only word I missed

[des8]

Re: Issue with previous employer over wages

"What gave you the impression I was a lorry driver?"

Crossing 7 road bridge?

[Batista230]

Re: Issue with previous employer over wages

One other question I forgot to ask is-
Dose a night out allowance count towards the NMW?

[des8]

Re: Issue with previous employer over wages

My understanding is that such allowances do not count towards NMW unless consolidated into your standard pay.
see here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418603/bis-15-169-calculating-the-minimum-wage.pdf

[Batista230]

Re: Issue with previous employer over wages

OK thanks
I think I have all the info I need for now
And I'm ready to send out my letter of grievance

Recorded delivery would be a good idea
Cant remember what I was told but there is a specil kind of recorded delivery one should use
Something to do with the post office cheacking it off

[Batista230]

Re: Issue with previous employer over wages

One other thing I forgot to ask is-

I know the guys first name who owns the firm but not his last
how do I find this out please?

The company is called Insight Trans Logistics at Inberow worchestershire
www.itltransport.com

[ostell]

Re: Issue with previous employer over wages

Does this help?