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Unlawful deduction of wages...part 2!

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  • Unlawful deduction of wages...part 2!

    Hello all.

    I wrote a few days ago on behalf of my brother in law who was having issues regarding his final pay from previous employers (unlawful deductions).

    He sent them a letter as advised, and had an email response today.

    The company have repaid one amount of £17.50 which they had deducted for work wear but as my BIL had made the point of employees not paying for PPE they've obviously had a change of heart. How nice of them lol. (Well, I say repaid, whether they have or not is another matter, it wouldn't be the first time they've said they've paid and haven't!).

    They are now contacting (apparently) a solicitor in reference to his other queries (missed hours/fuel charge/vehicle wear and tear) and said he will hear from solicitors soon. They have not provided time sheets as was requested.

    I'm not sure why the company are getting a solicitor involved - my BIL's case seems straightforward enough (well, as much as any case can be!) BIL is adamant his hours are correct and keeps his own stringent records of dates/times/locations he works in a diary and has done for some years now so could easily prove he has been doing this for a long time. He even does it in his current role even though he is now salaried and does not require timesheets. As for fuel and wear and tear, without rehashing too much of my original post, these have been worked out using current advisory rates and so there shouldn't be a problem with that, neither for fair wear and tear - company have never ndicated in any fashion the vehicle was in any other condition than what he had it in.

    He emailed back, stating he was happy to wait for their solicitor, that a quick solution would be beneficial to all, and again requested his time sheets.

    In his earlier letter to them he gave them 14 days before he said he would take further action if he was not paid. This is up 20th July. If he has not heard from their solicitor by then, could/should he still take it further or carry on waiting for a response from the solicitor? I'm aware courts would obviously prefer it if agreements could be settled without the need for proceedings, but given they deducted from his wages unlawfully and there doesn't seem to be a resolve happening any time soon should he just go for it, so to speak? But then, not sure what (if anything) their solicitor might say?

    he also told me this morning about how he had to go to hospital regarding a cut to his finger which resulted in stitches which wouldn't have happened if he had been provided with gloves to wear. Is there anything to be made from this? He hadn't mentioned it to them in their letter but could it be something to add in any claim in the small claims court when dealing with the deductions?

    Hopefully this makes sense. I'm not sure how to post a link to my other thread, so hope you can find it if required!

    Thank you

    Amy
    Tags: None

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