Red SLR Posted June 19, 2002 Share Posted June 19, 2002 Can your employer take money out of your pay without your consent? X777CAT Link to comment Share on other sites More sharing options...
Powderpuff Posted June 19, 2002 Share Posted June 19, 2002 Depends what it's for...... Talk to ACAS the employment helpline on 0121 456 5856 Gordon Link to comment Share on other sites More sharing options...
Graham Sewell Posted June 19, 2002 Share Posted June 19, 2002 Depends on what is written in your contract - eg loss of pay for going AWOL to watch the footie? Cheers, Graham Low tech luddite - xflow and proud! Link to comment Share on other sites More sharing options...
Red SLR Posted June 19, 2002 Author Share Posted June 19, 2002 Hire car co saying they want 60 quid for fuel, even though I gave it back with full tank! X777CAT Link to comment Share on other sites More sharing options...
Mole Posted June 19, 2002 Share Posted June 19, 2002 Was the car hired for business purposes only (or are they trying to make you pay for petrol used for private purposes)? Do you have any records to establish that it was returned with a full tank? I know this sounds like a stupid question (given that you wouldn't have a problem if you did) but if you have petrol receipts / credit card vouchers to chow that you filled up just before returning the car, or mileage records to show that you didn't do enough miles to use a full tank (assuming you had a full tank at the start) - all of this would help to establish your case. I'm not sure if they are legally legally entitled to make a deduction without your consent under these circumstances - but I know an HR person who might know - I'll see if i Can find out. Keep flying low The Mole @ the molehill Link to comment Share on other sites More sharing options...
Red SLR Posted June 19, 2002 Author Share Posted June 19, 2002 No recipts were kept. My company have paid the 60 quid and now want it back off me. HR have told me they are taking it from my wages next month. Not happy. X777CAT Link to comment Share on other sites More sharing options...
alanp Posted June 19, 2002 Share Posted June 19, 2002 probably not as the others have already said, but for £60 you could "recover" that with few taxi receipts for journeys you havent taken, most drivers will give a blank or two - or so I've heard:) Link to comment Share on other sites More sharing options...
Dave H Posted June 19, 2002 Share Posted June 19, 2002 Simon, I'd argue with HR - ask them why they paid out money with out checking, sounds like they are trying to cover up their mistake. Push it higher if you can, I have found HR departments will back down if it looks like they are going to have to justify a bad descision. Good Luck Dave H Link to comment Share on other sites More sharing options...
Mole Posted June 19, 2002 Share Posted June 19, 2002 I've had a chat with someone from our payroll department - obviously without knowing the details of the situation, but his opinion is that your employers are on very dodgy ground, particularly if they have paid the 60 quid to the hire company without disvussing with you first to see if they should have paid it or not. If they had not paid I would have suggested negotiating a settlement e.g. since it is your word against theirs (and since hire car companies seem to overcharge for refilling tanks) suggest splitting the difference (i.e. 30 quid). Then use the same logic to split the difference with your employer - you are left to pay 15! I guess now all of this is in vain - but you could point out that there was a case to be argued with the hire coy and if your emps have paid up without doing that then they have to share the burden and you will agree to half being recovered from you. Maybe you can claim back whatever they deduct as a business expense (if the car was used for business purposes). Final suggestion - remember the Mole's motto - don't get mad, get even (works every time) Keep flying low The Mole @ the molehill Link to comment Share on other sites More sharing options...
Red SLR Posted June 19, 2002 Author Share Posted June 19, 2002 Thanks for the advice. Simon. X777CAT Link to comment Share on other sites More sharing options...
Jason Plato Posted June 19, 2002 Share Posted June 19, 2002 Simon ... you sure its not to cover last months phone bill for blatchatting ???wink.gif Dave Link to comment Share on other sites More sharing options...
Eric McLoughlin Posted June 19, 2002 Share Posted June 19, 2002 i) You state that the car was returned to the hire company with a full fuel tank - the fact that they asked for £60 in respect of fuel indicates that they are of the opinion the tank was not full. Whether the tank was full or not is therefore a question of fact. At the moment, it is a matter of your word against theirs. To support your argument - that the tank had been reflled - documentary evidence should be provided. As stated erlier, a petrol voucher would have been useful to support your claim. You say you did not keep the relevant voucher. Did you pay by credit card? If you did, a record of the purchase should also appear on your credit card statement. If you have not retained your statement, you might be able to obtain a copy from the credit card company. If you did use a credit card - is the credit card in your name or the name of your employer? - that could be relevant. ii) I would think that your employer is "taking a flyer" in trying to recover the £60 directly from you. If what you say is true, ie. that the tank was full, then the hirer should not have asked for the £60 in the first place, and your employer should not have paid it. I certainly wouldn't go down "alanp's" route of falsifying expense claims as that amounts to fraud! Link to comment Share on other sites More sharing options...
markb905 Posted June 19, 2002 Share Posted June 19, 2002 your employer cannot deduct money from your wages without consent, (wages act. however your contract may state the circumstances when they can, but this type of issue is not likley to be covered. The fact that they paid out money that they now feel is not appropriate, is their problem. on what basis are they trying to recover the money? your employer can (and Will) attempt to recover money such as overpayments of pay or expences paid in error but even that can be a probem, even these types of overpayments can not be recoverd directly without your consent, so trying to claim money back on the basis of having paid the money to the hire company is even more iffy, . i would suggest that you a)discuss it with your line manager OR b) a staff side rep Don't offer any money at the moment and what ever you do don't pay up and put in false claims to get the cash back. Its difficult to give more specific advice without knowing more of the facts, if this really becomes a problem email me Mark Edited by - markb905 on 19 Jun 2002 20:34:55 Link to comment Share on other sites More sharing options...
Snapper Posted June 20, 2002 Share Posted June 20, 2002 £60 for fuel, what car was you in? My SAAB 95 only takes £54 to fill the tank up..... Link to comment Share on other sites More sharing options...
Red SLR Posted June 21, 2002 Author Share Posted June 21, 2002 Well the good news it the Employmeny Act 1996 Part 18 section 15 says An employer shall not make a deduction from wages of a worker employed by him, however my contract says they do and this over rules this. I have sent them an e-mail and am seeking more detailed legal advice. In the mean time here is the full story. Had a hire car whilst waiting for my company car to turn up. Company car company drive my new Honda from reading to manchester and drive the hire car back to reading. Hire car company turn up in reading and say it has an empty tank, they charge my company account with 58 quid for the fuel, on a 1.2 fiat brava... then my company want the 58 quid back off me. Will let you know where I get too! Simon. X777CAT Link to comment Share on other sites More sharing options...
James Saunders Posted June 21, 2002 Share Posted June 21, 2002 No way can you get £58 of fuel in a Fiat Brava ... No way can the tank be bigger than 60ltrs on that size car so fuel would have to be nearly £1 per litre... Link to comment Share on other sites More sharing options...
murph7355 Posted June 21, 2002 Share Posted June 21, 2002 Without wishing to sound all girly about it, I'd make sure you come across as wanting to work with your firm to get a solution, perhaps coaxing them to addressing their charges query with the hire firm. The law may or may not be on your side, but the job market is pretty dour at the minute (don't you work in IT in the wireless sector?)... Of course the state of the market is hardly a reason to let an employer walk all over you, but discretion is sometimes the better part of valour. Or something. Link to comment Share on other sites More sharing options...
Violet Elizabeth Posted June 21, 2002 Share Posted June 21, 2002 Hire companies charge a huge premium on petrol prices if you don;t buy in advance. Gits. Link to comment Share on other sites More sharing options...
Red SLR Posted June 21, 2002 Author Share Posted June 21, 2002 Andy, telcos may be in trouble but it would cost them a lot of money to get rid of me due to contractual rights I have, besides my manager is in agreement with me, just HR are not. X777CAT Link to comment Share on other sites More sharing options...
murph7355 Posted June 21, 2002 Share Posted June 21, 2002 HR departmenst are usually full of lovely looking girls too. Still, sock it to 'em. Link to comment Share on other sites More sharing options...
Violet Elizabeth Posted June 21, 2002 Share Posted June 21, 2002 HR departmenst are usually full of lovely looking girls too. Not in Simos' they aren't....see "What shall we do with a drunken sailor" thread. Don't cross the threads, I said don't cross....bzzzzzpppppp arrhghghghg. Link to comment Share on other sites More sharing options...
ChrisHawkins Posted June 22, 2002 Share Posted June 22, 2002 It Could be worse...I got 3 letters from a hire company asking for £150 for a smashed windscreen on a clio i think i would notice if it was smashed. And they charge there own rate for fuel Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now