Some advice please

[whatamess]

Hi all

 

I wonder if someone can give me some advice please.

 

My hustand is a sub contractor who works trough a company a bit like an agncy. All they did was pay him his wages.

 

A few months ago they decided to put him on some training and they paid for it. My husband left this company 2 weeks ago because they wanted to cut his daily pay.

 

My husband got paid today and turns out they have deducted £200 out of his wages to pay for the course they put him on.

My husband wasnt told that if he left he would have to pay back the money for the course or did they inform him they would be deducting anymore out of his wages this month to pay for it they just took it.

 

My question is, Can they do this without informing him and with out written notice they my husband would have to pay it back if ever he left?

 

Thanks

[baldone]

hi I am no expert in employment law but to give you a few examples of what I have come across as both employer and employee (1) if training is required it is up to the

contractor to provide suitably skilled operatives to do the job required as specified in the contract.ie if your husband was not qualified he should not have been set on to do the job and any training nessecary to complete the task is the responsibility of the contract owner

(2)there is case law about a bp agency worker who was dismissed and replaced by another and won his case in a tribunal for unfair dissmisal because bp told him his start and finish times.and his break times. therefore he was classed as employed.(lookthis up in any library under employment case law) if this was the case with your husband then the employer cannot make deductions from your husbands wages without his approval unless they take him to court.

hope this helps regards baldone

[whatamess]

Hi Baldone

 

Thanks for your reply I think this one is going to the small claims as they are refusing to pay the money back.

[baldone]

hi whatamess

just 2 things to look at before small claims

(1) direct.gov employment &deductions from wages

(2) regarding rules for selfemployed. I had a pub on lease and inherited a self employed keyboard player ( transfer of undertakings) who was working 4 nights a week, after being let down on numerous occasions we cut his days to 2 days and set someone else on for the other 2 and to cover us when he didn't turn up.

he quit and claimed constructive dismissal he won a provisional tribunal to take us to court where he won his case as we told him start and finnish times and days he worked. the good news for us was he told the tribunal and inland revenue vastly different amounts he was paid and therefore he agreed he was happy to just win his case and not receive compensation(no surprise there)

I am not sure of the time limits to bring a constructive dismissal case but if you contact acas they will tell you

regards baldone

[baldone]

Hi what a mess.

sorry to bother you but just out of curiosity and to further my education on employment law how did you get on with your complaint ?.

I understand if you do not want to elaborate.

regards baldone

[Grotesque]

She (he, of course) had until the 7th February this year to submit an ET1.