Fraudulant Card Payment

Author
Discussion

Saleen836

11,101 posts

209 months

Wednesday 19th September 2018
quotequote all
Fastroad said:
DannyScene said:
Honestly cant remember there may have been one in the starter pack but I wouldn't like to put any money on it
Is there anything, in the contract regarding 'pay deductions' of any sort? What about the 'card machine' in general (not just over the phone) is there anything outlining the procedures, or more importantly if training is required? Also does it outline the official 'grievance procedure'?

some of the more qualified guys here might be able to comment on how enforceable the contract is encase you have signed it as you're not 100%

to put it in perspective, I've just incurred my employer a congestion charge fine and I've not had to pay it personally.

this is an archaic way to treat staff.
As already mentioned in a previous post by another member, the fact they are now asking him to sign a contract stating they can make the deduction tells us they do not have the right to make them

DannyScene

Original Poster:

6,619 posts

155 months

Wednesday 19th September 2018
quotequote all
bad company said:
DannyScene said:
Honestly cant remember there may have been one in the starter pack but I wouldn't like to put any money on it
If they had anything signed by you and relevant to this they’d have sent it to you. When are you due to be paid?
Due to be paid next Friday the 28th

BrabusMog

20,141 posts

186 months

Wednesday 19th September 2018
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jimbobs said:
Personally, I’d be emailing HR and referencing Sugerbear’s post above. Remind them that there are only 3 lawful ways to make a deduction from your pay, remind them that none of the conditions have been met and tell them that, should they make a deduction, they will be acting outside the law and that you will be taking appropriate action.

Ask them to confirm, in the light of your email, exactly what they will be doing.
Can I just double check something here then... Technically an employer can't take money from me if I got 2 bus lane PCNs in 2 days?

NewbishDelight

118 posts

68 months

Wednesday 19th September 2018
quotequote all
BrabusMog said:
Can I just double check something here then... Technically an employer can't take money from me if I got 2 bus lane PCNs in 2 days?
Very much depends on your contract, and also depends on whether they are simply passing on a fine or are charging you for it.

My industry is quite niche, but if I did then I could expect to pay the fine and then be fined again by the organisation.

Du1point8

21,606 posts

192 months

Wednesday 19th September 2018
quotequote all
BrabusMog said:
jimbobs said:
Personally, I’d be emailing HR and referencing Sugerbear’s post above. Remind them that there are only 3 lawful ways to make a deduction from your pay, remind them that none of the conditions have been met and tell them that, should they make a deduction, they will be acting outside the law and that you will be taking appropriate action.

Ask them to confirm, in the light of your email, exactly what they will be doing.
Can I just double check something here then... Technically an employer can't take money from me if I got 2 bus lane PCNs in 2 days?
Not really the same is it, scammed as opposed to you getting a driving penalty from using a bus lane is your own fault, or did someone make you use the bus lane?

BrabusMog

20,141 posts

186 months

Wednesday 19th September 2018
quotequote all
Du1point8 said:
BrabusMog said:
jimbobs said:
Personally, I’d be emailing HR and referencing Sugerbear’s post above. Remind them that there are only 3 lawful ways to make a deduction from your pay, remind them that none of the conditions have been met and tell them that, should they make a deduction, they will be acting outside the law and that you will be taking appropriate action.

Ask them to confirm, in the light of your email, exactly what they will be doing.
Can I just double check something here then... Technically an employer can't take money from me if I got 2 bus lane PCNs in 2 days?
Not really the same is it, scammed as opposed to you getting a driving penalty from using a bus lane is your own fault, or did someone make you use the bus lane?
Bus Lane was specifically taken out of commission (signs everywhere). I don't really care but I got War and Peace from HR when I mildly enquired about it. This is going back a while, mind you. I work in a friendlier side of the business now lol.

mebe

292 posts

143 months

Wednesday 19th September 2018
quotequote all
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.

bad company

18,537 posts

266 months

Thursday 20th September 2018
quotequote all
mebe said:
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.
Perhaps you’d like to explain what advice on this thread is rubbish and why?

The Mad Monk

10,474 posts

117 months

Thursday 20th September 2018
quotequote all
bad company said:
mebe said:
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.
Perhaps you’d like to explain what advice on this thread is rubbish and why?
Be a lot quicker to explain which is the 0.1% of good advice, Shirley?

Osinjak

5,453 posts

121 months

Thursday 20th September 2018
quotequote all
mebe said:
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.
If you're so knowledgeable, why not offer up your expertise instead of slagging everyone else off?

bad company

18,537 posts

266 months

Thursday 20th September 2018
quotequote all
Osinjak said:
mebe said:
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.
If you're so knowledgeable, why not offer up your expertise instead of slagging everyone else off?
Anyway why would the op engage a lawyer now as no deductions have been made?

He/we need to wait until the end of the month to see what if anything happens.

blueg33

35,785 posts

224 months

Thursday 20th September 2018
quotequote all
mebe said:
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.
Most of the advice has been that the Op should see an employment lawyer or ACAS, so on that basis your advice contradicts your own statement that 99.9% of the advice given is erroneous.

I have had quite a bit of training on employment law (as an employer) and actuallythe bulk of th eadvice on the thread is about right.

1. Employer cannot just deduct from salary for this type of thing without a contractual agreement. There are 3 tests. a. Is the deduction required by legislation eg income tax, b. is it authorised in the contract of employment provided that this is in writing. c. has the worker consented in writing before the deduction is made.

2. If the employers has not provided a contract then the default position is bthat any staff handbook etc constitutes the terms of the emplyment, then there are also implied terms which align with current employment legislation.

These things are pretty much what everyone on here is saying. I content that you are not correct in your statement that 99.9% ofthe advice is incorrect.

Order66

6,728 posts

249 months

Thursday 20th September 2018
quotequote all
mebe said:
Ignore 99.9% of the advice you have been given on this thread, most of it is utter utter garbage, as in some of the very worst armchair stuff I have seen. If you do not care about the deduction then do nothing, if you do then engage a proper emplyment law person immediately. If he is not in a sulking phase you might be able to get Breadvan72 to suggest someone.
Are you the OP's boss?

bad company

18,537 posts

266 months

Thursday 20th September 2018
quotequote all
blueg33 said:
Most of the advice has been that the Op should see an employment lawyer or ACAS, so on that basis your advice contradicts your own statement that 99.9% of the advice given is erroneous.

I have had quite a bit of training on employment law (as an employer) and actuallythe bulk of th eadvice on the thread is about right.

1. Employer cannot just deduct from salary for this type of thing without a contractual agreement. There are 3 tests. a. Is the deduction required by legislation eg income tax, b. is it authorised in the contract of employment provided that this is in writing. c. has the worker consented in writing before the deduction is made.

2. If the employers has not provided a contract then the default position is bthat any staff handbook etc constitutes the terms of the emplyment, then there are also implied terms which align with current employment legislation.

These things are pretty much what everyone on here is saying. I content that you are not correct in your statement that 99.9% ofthe advice is incorrect.
This. I speak from very similar experience of employment law. Most of the advice here is spot on but we really do need to wait until the op’s payday now.

DannyScene

Original Poster:

6,619 posts

155 months

Wednesday 26th September 2018
quotequote all
This months wage slips are out

Not a penny deducted again

bad company

18,537 posts

266 months

Wednesday 26th September 2018
quotequote all
DannyScene said:
This months wage slips are out

Not a penny deducted again
I’m not surprised, they’d be mad to. I doubt think they ever will.

Well done op. clap

megaphone

10,717 posts

251 months

Wednesday 26th September 2018
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Yes well done for sticking to your guns.

Have they updated their card taking policy yet?

Tony 1234

3,465 posts

227 months

Wednesday 26th September 2018
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Well done OP, now only have to look for a better job smile

MB140

4,055 posts

103 months

Thursday 27th September 2018
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Congrats op for standing up to them.

DannyScene

Original Poster:

6,619 posts

155 months

Thursday 27th September 2018
quotequote all
Regional manager and regional auditor have been in today and neither have said a word either