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Some wages withheld

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  • #1

    Some wages withheld

    Hi,
    I have just left my job as a car sales director with a car dealership. The reason I left is because my employer demoted me took away a bonus that's been paid for a number of years. I was also told that personal phone calls and parcel post were no longer permitted. To top it off my employer questioned staff under me while I was on holiday about my commitment to the job.....
    maybe constructive dismissal.... however my question is that when I handed my notice in I was asked to leave immediately. I have just had my final wage slip and my employer has held money back in case I have any after sales costs in the next six months. Is this legal?
    Tags: None
  • #2
    Re: Some wages withheld

    tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] for advice xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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    • #3
      Re: Some wages withheld

      Originally posted by Kati View Post
      tagging @Ula @mariefab for advice xx
      Thank you
      • 1 thank

      Comment

      • #4
        Re: Some wages withheld

        What does your contract of employment say about any deductions from final salary?
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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        If you have any doubts then do please seek professional legal advice.

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        Comment

        • #5
          Re: Some wages withheld

          Originally posted by Ula View Post
          What does your contract of employment say about any deductions from final salary?
          Nothing at all in my contract of employment...

          Comment

          • #6
            Re: Some wages withheld

            For your company to make deductions from your final salary it needs to either be covered in your contract of employment and thereby you would have been aware of this fact or the company should have provided a written explanation which you would have then had to consent to in advance of the deduction being made.

            There are exemptions which allow an employer to recover, for example, an earlier overpayment of wages or expenses but from what you have said the deduction is not covered by this.

            I suggest you write to your ex-employer asking them to detail the reason why they are making the deduction and ask them on what contractual basis they have done this. If this doesn't resolve the matter, since you have left the company then you would need to make a complaint to an employment tribunal for consideration.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.

            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.


            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment

            • #7
              Re: Some wages withheld

              Originally posted by Unlimited5 View Post
              employer has held money back in case I have any after sales costs in the next six months. Is this legal?
              Hi,

              To reinforce Ula's point: a six months wait would also deny you any chance to take an Unlawful Deduction From Wages claim to the ET after three months. You would time out.

              Perhaps your employer didn't mean this to be happen but they set the terms of this issue and didn't sort out the employment contract...

              Viking

              Comment

              • #8
                Re: Some wages withheld

                Originally posted by Viking1985 View Post
                Hi,

                To reinforce Ula's point: a six months wait would also deny you any chance to take an Unlawful Deduction From Wages claim to the ET after three months. You would time out.

                Perhaps your employer didn't mean this to be happen but they set the terms of this issue and didn't sort out the employment contract...

                Viking
                Thank you both I will write to them.....

                Comment

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