Employer withholding wages

[garola]

My son had employment until recently which required him to wear a uniform.He was given two new shirts per year.To cut a long story short
he had to had in his uniform,which he did.He handed in two shirts which
were washed and ironed.He did not have his older shirts to hand in as they were frayed at collar and were thrown out.His employer has told him that his company is deducting £40 from his wages for dry cleaning of the uniform.Which by the way got dirty during his working hours,and they say
they are also withholding his wages as he only handed in two shirts.
Two shirts he was given this year.Can they deduct cleaning from his wage and secondly can they withhold his wages he is due.Any help please.

[Buenchico]

Employers are not permitted to make deductions from wages unless the employee had previously been provided with a contract specifically stating the reasons for which such deductions may be made:
http://www.direct.gov...ployees/Pay/DG_175878

If payment is not forthcoming your son should send a written demand for the money which is owed to him. That demand should:
(a) show his name and address ;
(b) show the employer's name and address ;
(c) be dated ;
(d) clearly state the amount demanded ;
(e) clearly state the reason for the demand ;
(f) indicate that if payment is not received within a specified period (I suggest 14 days) your son will commence legal action.
(g) be sent by recorded delivery.

If payment is still not forthcoming, your son should make an online claim against his former employer:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Chris

[factor-fiction]

Chris's advice is good but I think he may need to check to whether he signed an agreement to the effect that he understood the terms of the agreement concerning the provision of uniform and the rules regarding returning and cleaning the items. and deductions from wages
Was it a major employer?

[garola]

Thank you both for the advice.There was a contract in place and it is a local
employer but not a big concern.As far as the dry cleaning then he would be entitled to proof of any laundry service i would imagine.The threat of no wage etc was made by text around 3pm today.My son text back straight away stating what i had said earlier and to date the company have not replied.So he is in limbo.Will they pay me or not.

[themas]

He was provided with 2 shirts each year. The contract should set out what is to happen to the previous year's shirts - does the company expect them to be returned (if so, why did they not ask for them when the new ones were provided?) or does the company assume they are worn out? Either way, it seems unreasonable now for the company to withhold wages for their non-return unless there is something very specific about this in the contract which your son has failed to carry out.

As far as the £40 cleaning charge is concerned, it depends on the wording of the contract but if the shirts were freshly laundered and ironed when handed in the company should be told this in querying the charge.

[garola]

PS.I forgot to add that my son is off sick at the moment although he is leaving the company soon.It was a stressful job and he was willing to work the required notice but he took ill before he could do so.So with the threat of no pay he feels bad.However i will take into account the information
furnished bye you both and i shall get onto it first thing.Cheers.

[twix123]

£40 for dry cleaning 2 shirts seems very steep, they could buy more than 2 new ones at that price (unless they were hand tailored/made to measure)!

Many companies will not pay for sickness during a period of notice, unless certified by a doctor.

[ojread2]

Do you have a link for that twix?

[buildersmate]

Twix won't provide you with a link to 'many companies will not pay for sickness during the notice period' because it isn't a statement of the law, but a (correct in my opinion also) opinion of the way that employers utilise their sickness benefit schemes. What he didn't mention is that the employer cannot refuse to pay the statutory sick pay due (for which the employer gets some relief from HMRC) but company sickness benefit top-up schemes very commonly have terms associated with them that enable an employer to ask for additional proof of sickness before benefit will be paid.

[ojread2]

thanks BM

Thought that could be what twix meant because the employer cannot withhold SSP

[garola]

Im glad to say that with some legal threats and advice from yourselves we
have been able to persuade the company to pay the wages they were holding back along with payment for leave not yet taken.
I wonder if the insistance on the uniform being dry cleaned is because they
are going to give it to someone else.There was a clause in contract re the £40 dr cleaning and we have requested a receipt.Wont hold breath.
Thanks anyway to all.