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Need some Speedy Employment Advice!

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Clair1111
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2006/07/14 12:31:38 (permalink)
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Need some Speedy Employment Advice!

Sorry I need some speedy advice and my solicitor is in court all day!

Today is my final day of resignation and my boss has just given me the ultimate leaving gift - a bill for £500! Well no he didnt - he is on holiday and got someone else to tell me!

I took a course and it was paid by my company, and an agreement was created and it basically said if I left after 2yrs of completing the course I would have to pay 50% of the fees back!

Before I sought new employment I asked my boss for a copy of this agreement as I couldnt find mine and I couldnt remember the terms & conditions! He came back to me and said he couldnt find a copy anywhere and could I re-check my paper work, it ended up we couldnt find a copy! So I approached my boss and said would he like to create a new agreement so we were legal and above board...he said I quote "No, the money is long gone and you have paid the company back 10x over in hard work"......

Anyway today I get told by the accountant that he is deducting £500 from my wages for the course - I said provided me with a copy of the agreement...he has provided me an unsigned copy of the agreement!

I have told him that legally they cannot deduct money out of my wages unless they have VAILD proof of the agreement! My boss isnt back from Holiday until the 24th and pay day is suppose to be 25th - so I said pay me my full wages and upon providing me with a copy of a vaild agreement, you can invoice me!

I am thinking if my boss had a vaild agreement he would have A: Given a copy to the accountant B: Told me to my face he was deducting the money!

Anyway am I within my right to do this and do you think as I need to send my boss an email that I should not aknowledge the agreement having ever been signed as I was going to say he has backed out of a verbal agreement???

Cheers

#1

15 Replies Related Threads

    cowboy
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    RE: Need some Speedy Employment Advice! 2006/07/14 12:37:03 (permalink)
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    I'm no legal expert but have had some business dealings with contracts. I'd just demand that all wages paid in full as you've seen no evidence of any agreement. If all they could show you was an unsigned copy then my guess is they've lost it. Keep the email short and to the point so they don't have much to argue with. Then seek legal advice
    #2
    Jax Demon
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    RE: Need some Speedy Employment Advice! 2006/07/14 13:11:14 (permalink)
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    Look in your contract of employment it should say what deductions they can take from your salary
    if there is nothing in your contract about deductions to your wages then the company will be breaking the law if they deduct any money from your wages
    a written agreement with no signatures should be classed as useless
    cause they have no proof that you signed it


    Advisory, Conciliation and Arbitration Service (ACAS)
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    #3
    Jax Demon
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    RE: Need some Speedy Employment Advice! 2006/07/14 13:14:31 (permalink)
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    Deductions from pay

    You must give your written consent to all deductions from your pay, apart from statutory deductions such as income tax and national insurance contributions.

    The employer cannot "dock" your wages for any reason without your written consent. This includes deductions for:
    "making good" work done
    protective equipment
    training levy
    public liability insurance
    holiday pay

    Any such action by the employer amounts to an illegal deduction and can be challenged in a tribunal.
    post edited by davedarave01uk - 2006/07/14 13:15:07
    #4
    footdee
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    RE: Need some Speedy Employment Advice! 2006/07/14 13:16:41 (permalink)
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    My boyfriend had this problem except the cost of his courses came to thousands, they deducted what they could from his final pay (i.e all his final pay!) then sent a bill for the rest. He refused to pay the rest on the grounds that they could not provide valid receipts for some of the courses (as they were in-house). Also they were on shaky ground charging the full cost when some of it was VAT or something (i didn't really understand that bit). Anyway all this was in his contract so he was lucky to get away with only paying half really. Whether it's legal or not, they will probably take the money and then you will have to fight to get it back which is crap.
    #5
    Worf
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    RE: Need some Speedy Employment Advice! 2006/07/14 13:17:34 (permalink)
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    if your employer has no copy of the original signed agreement then they can not expect to recover from you.

    As to the fact that they may deduct it from your final salary is another thing - if they do then your only recourse is through the ET.

    As also a verbal agreement was stated between you and your boss about the fees being offset against your hard work.
    #6
    Clair1111
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    RE: Need some Speedy Employment Advice! 2006/07/14 13:56:04 (permalink)
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    Thanks for all your advice!

    I have since spoken to a Business Law person and they have advised that I write a short to the point letter (handing a copy to the accountant in my boss's absence) that after being informed of the deduction today I do not authorise this deduction as there is no valid reason for it and if a deduction is made I will pursue the matter in court!

    Dave – I am SO quoting that info you posted, thank you

    #7
    paulthebuilder
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    RE: Need some Speedy Employment Advice! 2006/07/14 14:23:23 (permalink)
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    Clairus, as you know, cos I'm never in when you phone, I spend half my life in county court fighting w*nky companies who want my money for nothing. The absolute first thing a district judge would ask if your former employer, for example, sued you for the money, is where is the paperwork with your agreement (by way of signature) settling on a repayment if you leave? Of course, they're going to deduct it anyway so send a recorded delivery letter to the personnel officer giving them 28 days (law requires a reasonable period) to provide a copy of the paperwork showing their entitlement. If they don't provide it, write agin giving them 14 days to clarify if they actually have the paperwork. After that, issue a county court small claims summons and pray you can get it heard in Peterborough. The judges here are very thorough and reasonable.
    PS - where's that Russian chick you set me up with?? :-(
    #8
    Clair1111
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    RE: Need some Speedy Employment Advice! 2006/07/14 14:41:38 (permalink)
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    ORIGINAL: rightyho

    Clairus, as you know, cos I'm never in when you phone, I spend half my life in county court fighting w*nky companies who want my money for nothing. The absolute first thing a district judge would ask if your former employer, for example, sued you for the money, is where is the paperwork with your agreement (by way of signature) settling on a repayment if you leave? Of course, they're going to deduct it anyway so send a recorded delivery letter to the personnel officer giving them 28 days (law requires a reasonable period) to provide a copy of the paperwork showing their entitlement. If they don't provide it, write agin giving them 14 days to clarify if they actually have the paperwork. After that, issue a county court small claims summons and pray you can get it heard in Peterborough. The judges here are very thorough and reasonable.
    PS - where's that Russian chick you set me up with?? :-(



    Funny enough Chunk this is what I was trying to call you about THIS MORNING!!!!! You know the other day when I said my stress levels were hitting boiling point......well they have hit it! I might get you to write a letter for me - after you have done my reference

    I doubt it would be Peterborough, it would prob go to Bury St Edmunds - I think my boss is winging it to see if I roll over, you'd think he knew me better by now!

    Yes the Russian lady is now my best friend (nice ) and I have made you sound like gods gift - so basically I lied loads
    #9
    ThePluggedOne
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    RE: Need some Speedy Employment Advice! 2006/07/14 22:19:22 (permalink)
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    You are so far in the right .. my mate had the exact same situation except he knew he was leaving before the course, as they were press ganging him into signing, he held off and off but was finally forced to sign, only to leave a week later, went to court, he won, but got fukced over by the solicitors who stood for him more lol.

    Making bad life choices since 1976!
    Twitter: @PLUGDIN1
    #10
    Clair1111
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    RE: Need some Speedy Employment Advice! 2006/07/14 22:34:05 (permalink)
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    Well the company accountant said to me this afternoon he couldnt deduct any of my wage without my permission and thus without a signed agreement is up the creek without a paddle.......

    So basically I will have to wait until pay day and see if the take the money - if so I will do what rightyho suggests!

    This will be the 3rd thing I have applied to small claims about in the past month FFS
    #11
    ThePluggedOne
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    RE: Need some Speedy Employment Advice! 2006/07/14 23:49:42 (permalink)
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    I knew Id seen you on Judge Judy

    Making bad life choices since 1976!
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    #12
    el_Supremo
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    RE: Need some Speedy Employment Advice! 2006/07/19 18:23:51 (permalink)
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    Whats teh latest with this?
    #13
    Clair1111
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    RE: Need some Speedy Employment Advice! 2006/07/19 20:51:32 (permalink)
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    Well I started my new job today so kinda been distracted BUT my solicitor is earning her money I can tell ya....but again just gotta wait until the 25th

    Thanks for asking
    #14
    Jax Demon
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    RE: Need some Speedy Employment Advice! 2006/07/20 11:06:20 (permalink)
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    lol my workplace have stopped my wages for holiday pay pmsl


    so im broke
    #15
    Jax Demon
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    RE: Need some Speedy Employment Advice! 2006/07/20 11:21:04 (permalink)
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    The employer cannot "dock" your wages for any reason without your written consent. This includes deductions for:
    "making good" work done
    protective equipment
    training levy
    public liability insurance
    holiday pay

    Any such action by the employer amounts to an illegal deduction and can be challenged in a tribunal


    i have quoted the above to 2 people at my workplace now and what are they doing they are passing it on to a manager so from hr down to a manager i honestly dont think they have any idea as to what they are doing the place is a joke
    #16
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