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Unfair deduction

Employment and Discrimination Law

Re: Unfair deduction

Postby dls » Tue Dec 12, 2017 2:05 pm

Not all employers are like this. Rather than make it a career fight, best just get out from under as soon as you can. You shouldn't have to, but it is the sort of situation where a win will simply result in the collapse of the business and your redundancy.

What you describe is someone dishonest and somebody needs to take them down. Leave that to those who have the time and resources.
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Re: Unfair deduction

Postby diy » Tue Dec 12, 2017 2:12 pm

@DLS - he's already quit as a result of the unreasonable terms. He's now fighting for pay while he worked. My understanding is the OP would not have considered this a career, but a temporary McJob to pay the bills while studying. Surely its worth a letter, even if he has no plan to execute the claim?
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Re: Unfair deduction

Postby dls » Tue Dec 12, 2017 2:23 pm

Sorry, I had not caught that point.

There are clearly possible claims here, and they may properly be pursued. The OP should anticipate however that somebody rady to be so deceitful with an employee is unlikely just to hold his hands up in court.

Another very real possibility is to report him to the Inland Revenue. They dohave some statutory responsibilities and interest.
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Re: Unfair deduction

Postby eritrite » Tue Dec 12, 2017 3:22 pm

Thank you very much for you advice I will take them into account when deciding which exact steps to follow, for now I have submitted a request to ACAS so that later I can get a reference number(with out which I can't claim employment tribunal), after I do a deeper research and gather all the documented proofs I collected over time, I want to write to HMRC to start a tax evasion fraud committed by my employer. As well I will write a letter before claim as you suggested. Thank you for your time, highly appreciate your support.
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Re: Unfair deduction

Postby shootist » Tue Dec 12, 2017 5:39 pm

For clarity, which isn't really abundant in this thread for the OP, who doesn't hail from the UK, it seems that the business owes you money in unpaid wages. If that is correct, then it seems most likely that you can take action in the small claims court (track, whatever), to recover the amount you calculate you are owed. Before you do this fairly inexpensive option, you must send, or cause to be sent, a letter before action. This is a letter stating what the problem is, what you want them to do about it, and what you are going to do if they don't do what you want. You must state a time limit in which they must respond with an 'or else' if they do not. I believe a couple of weeks is the usual standard.

The small claims process is relatively straightforward. You do not need a lawyer and from my limited experience they are tolerant of a mouthpiece to speak on your behalf if you lack the ability to do so. That is not guaranteed though. In any event, keep, and if possible, print, every email and other correspondence between you. Make notes of any particular events that you consider relevant. Do try and seek advice from citizen's advice bureau or whatever they are called now. The students Union may help. I think that's about right, but I'm sure if I have missed something I will soon be corrected.

It may even be possible that there is an offence of Fraud committed by the company, or someone within it. The trouble is, you are more likely to get a result on that if you report it to the tooth fairy than the police.
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Re: Unfair deduction

Postby atticus » Tue Dec 12, 2017 5:57 pm

The Employment Tribunal can also deal with these types of claim. At present there is no fee.
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Re: Unfair deduction

Postby shootist » Tue Dec 12, 2017 6:47 pm

Good to know. I had sort of gained the impression that Employment Tribunals could only be access by persons in continuous employment with the same employer for at least 20 years.
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Re: Unfair deduction

Postby atticus » Tue Dec 12, 2017 7:30 pm

You had sort of gained a very wrong impression!
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Re: Unfair deduction

Postby diy » Wed Dec 13, 2017 7:31 am

I think the OP is already a page ahead shootist, by getting a reference from ACAS, he's already on the path to a tribunal. The bit about not paying the OP, minimum wage for "standing around" would have to be exceptionally well drafted not be a criminal offence.

https://www.gov.uk/national-minimum-wag ... nimum-wage
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Re: Unfair deduction

Postby Hairyloon » Wed Dec 13, 2017 8:44 am

dls wrote:The OP should anticipate however that somebody rady to be so deceitful with an employee is unlikely just to hold his hands up in court...

There are other employees: it doesn't sound like the kind of job that anybody sensible would value over much.

eritrite wrote:The next day in the group chat the employer came up with a new set of rules...

What do you mean here by "Group chat"?
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