Unlawful deduction from wages?

[seq]

Hi all,

 

I'm not sure if this should be posted here or the parking forum, as it deals with both, mods feel free to move if needed.

 

I am a coach driver, and upon noticing my last weeks wages were £50 short, I checked my payslip.

 

Attached to it was a Parking Charge Notice from CP Plus for overstaying in a motorway service area. They demanded a payment for £80 reduced to £50 if paid soon.

 

My employer had obviously PAID the said invoice without notifying me, and then clawed back the money from my wages!

 

I have spent a lot of time reading about these private parking companies, and am fully aware that these PCN's are unenforcable in courts.

 

I have read my terms and conditions of employment and there is NOTHING in there that gives them the right to deduct money from me apart the statutory deductions.

 

I am absolutely fuming, and need some help to draft a letter to my company to resolve this issue.

 

I have been employed with this company for 2.5 years.

 

Any advice is greatly appreciated!

[elche]

Hi Seq, unless you have previously signified your agreement in writing, then this in an unlawful deduction from wages.

 

Proposed main text of letter to employer, insert this into sample letter no.9 on this link:

 

http://www.lra.org.uk/microsoft_word_-_document_-_sample_lettters_discipline_and_grievance_9-2008.pdf

 

In my pay packet for the week ending [insert date] I discovered that my employer, NAME, had made deductions from my wages for that week in the aggregate sum of [£ ...]. I was informed that these deductions were to reimburse NAME for an alleged parking fine during that week.

These deductions were unauthorised, and made in contravention of the ERA 1996, s 13 as I had not previously signified in writing my agreement or consent to any such deductions being made

Good luck

 

che

[seq]

Thank you Elche,

 

I have NOT agreed to any deduction.

 

I will write the letter, but do you think i should go straight to grievance, or maybe take informal approach first?

 

If you search my previous posts you'll find this is not my first grievance either... Won that one, though.

 

Thanks again for your help.

[elche]

 

I will write the letter, but do you think i should go straight to grievance, or maybe take informal approach first?

 

In the current economic climate, and assuming you like and want to keep your job, I would try an informal chat. Just remind them you didn't sign anything allowing deductions and there is therefore no legal basis for the deduction.

 

If this doesn't work then the only other option is the grievance; although the rules re grievances will change 6th April 2009.

 

Che