Part payment of wages by dog..

[JackieQ]

Could someone please help me?

Some time ago I worked for a company who specialised in training dogs for drug searches. The company could not afford to pay me one particular month, so I was offered one of these dogs as part payment of my wages which I accepted.

I no longer work for the company and now some months later they have sent me letters (from themselves, not from a solicitor) demanding that I 'return their asset'. I foolishly didn't get written confirmation of this agreement however I can likely prove they did not pay my full wages during that month if I searched for the evidence.

Any idea on what I can do?

[JackieQ]

Re: Part payment of wages by dog..

Also as a side note my contract was for 0 hours if relevant.

[matt3942]

Re: Part payment of wages by dog..

Hi [MENTION=68659]JackieQ[/MENTION] - welcome to the forum.

I would respond in writing reminding the employer why you were given the dog in the first place. I would offer to return the dog in exchange for full payment of all outstanding wages. I would remind the employer that failure to pay may result in your bringing a claim for unlawful deductions of wages in accordance with the Employment Rights Act 1996 S. 13.

- Matt

[JackieQ]

Re: Part payment of wages by dog..

Hello Matt - thank you very much for your response.

I would really like to keep the dog, ive had him so long now I really couldn't part with him - but I do take your point and thank you for your kind advice, I wonder if they would back off if I asked for all the wages owed to me..probably! :beagle:

[stevemLS]

Re: Part payment of wages by dog..

What are the sums involved both in terms of outstanding wages and approx value of the dog?

Given that you want to keep the dog, I think you would probably be able to evidence a contract, you would be able to show you had not been paid sufficiently and the fact that the dog has been yours for some time (how long?) is certainly persuasive evidence of your assertion that they offered the dog and that s/he has remained in your possesssion following leaving the employment (to counter any suggestion that it was some sort of part of the training for staff to take dogs home with you for whatever reason).

I certainly do not think that they would be able to enforce the return of the dog.

I generally agree with [MENTION=67649]matt3942[/MENTION] but, given that you want to keep the dog, I wouldn't offer to return him on payment of outstanding wages because you wouldn't want them to take you up on the offer.

[JackieQ]

Re: Part payment of wages by dog..

Hi Steve, thank you for your response.

The dog is rather valuable, although as he only has another 2 years of his 'working life' left the value has decreased from £4000 to £2000. The company has a policy that the dogs used by staff can be either adopted or purchased, if neither of these options are taken the company pay an allowance per month to feed the animal (which I have never received). I have had him about 6 months now (I know it doesn't seem like a long time perhaps, but it is to me as I'm very attached to him!) I think I could certainly show evidence of the verbal contract by how much expense I have gone to in keeping him.

I cannot remember off the top of my head how much was owed to me however I'm going to look through my bank statements today and work it out then I'll let you know. I'm also owed some statutory holiday pay and for a few shifts if my memory serves correctly. I have also paid vet costs myself as the animal was in quite poor condition when I took him.

My last dealings with the company was when I turned down a job that would demand me travelling 120 miles to work in a location for 12 hours for inadequate pay. Since I turned this down I haven't been offered any additional work under my 0 hour contract - is this contract still technically 'valid' as I haven't actually been dismissed from it nor served a resignation?

I honestly don't think he would take up the offer to return the dog in exchange for my wages owed, he's at the moment bullying me by saying he has lost work due to the lack of the dog and that these costs would total a claim of over £10'000. Hmm!

Thank you both aw:

[teaboy2]

Re: Part payment of wages by dog..

I agree with the other guys.

Also the law of estoppel would prevent them going back on what was previously agreed. I.e. we can't afford to pay the rest of your wages but you may take this dog as compensation/remedy only to now say they want their asset back (fact they call the dog an asset shows what little consideration they have for the dogs welfare). Doesn't matter if the contract was verbal or not.

Also bear in the mind the animal welfare act, i.e. it would be wrong to give the dog back now as its accustomed to being a family dog now and in giving it back it would have a negative psychological effect on the dog, leading to it being confused, stressed, and maybe even become aggressive and develop other behavioral issue as a result of such confusion.

You can proof they owed you wages, you can proof you have had the dog for 6 months and you had not worked for the company for x months (i assume 6 months) and you can proof they had not paid you an allowance for keeping the dog at home. Therefore it would be clear that said verbal contract to give you the dog as remedy for breach of contract (unauthorised deduction of wages) was indeed made!