Employer deducting wages because of a mistake
Discussion
James_B said:
No, I am not incorrect. They can sack her immediately for hair colour, choice of shirt, or having an annoying voice.
As one of your better informed colleagues will hopefully explain to you, she can be let go for any reason or none except for the protected characteristics.
Why would you possibly think that they would list the wages as the reason? I know that you assume that everyone else is stupid, but even you must understand that it is unlikely that they pick an it,égal reason to dismiss.
I’m far from an expert in these matters but surely if they dismiss her after her making a complaint about an illegal deduction then she’s going to be able to screw them in court. It would be clear to all and sundry that the two things were linked and it would surely satisfy the balance of probabilities requirement?As one of your better informed colleagues will hopefully explain to you, she can be let go for any reason or none except for the protected characteristics.
Why would you possibly think that they would list the wages as the reason? I know that you assume that everyone else is stupid, but even you must understand that it is unlikely that they pick an it,égal reason to dismiss.
As to James B, the loud confidence of the ignorant is a curious thing, but let us leave him to his shouty ignorance. Those interested in reality may find it helpful to know that Employment Tribunals are not altogether naïve, and if an employee was fired after refusing to accept an unlawful deduction from wages, the Tribunal would not take very long to reach the not very surprising conclusion that the reason for dismissal was one of those listed by statute as giving rise to an automatic unfairness, regardless of qualifying service.
By the way, here is James B's earlier assertion - specifically addressing a factual scenario in which refusal to accept a deduction is the reason for dismissal and wrongly contending that a dismissal in that situation would be "completely legal". It may be worth again quoting this to save us from some tedious attempts at goal post relocation.
Not nice behaviour, but completely legal.
James_B said:
bad company said:
I wonder if the theatre know full well that they can’t deduct the money and just trying it on.
They cannot insist, but they can ask and sack her immediately if she declines to accept their suggestion.Not nice behaviour, but completely legal.
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