Any Legal Beagles...Employment Law Q

[Harryburgundy]

I left my last job on the 6th May. As the manager of a wine store I had the stock counted for obvious reasons. Well, the reason would be obvious but actually this was a relatively new company which had bought some stores that the previous owner decided to sell. The new MD didn't install any software that enabled me to check my stock. I'm not entirely sure how I can be responsible for stock that I cannot control.

Never mind, lets move on.

My final wage slip had a figure of X...lets say £1000 as net pay. The only deductions being income tax and NI. The amount deposited in my account was short by £350.
This, according to my MD, was to cover any shortages that might arise from the stockcount.
I have contacted him twice he says he is waiting for the result of the stockcount.
Now its nearly 10 weeks since I left the company.
Is this legal?...should I initiate action through the small claims court?

If we start talking about my contract things will get messy.
Initially I worked for Oddbins...I had a contract (now since lost..it was 15 years ago) but nothing in that contract stipulated that monies could be retained following my departure. Bonuses could of course be retained, but not basic wages.
Oddbins were bought by Nicolas. I kept my old Oddbins contract as it was a better deal for me. Nicolas sold to the current owners Spirited Wine. Again I kept my old contract, again I didn't sign any new contract.

So...not an easy one but surely there must be a time point whereby an old employer must pay monies due or give good reason not to.

 

[hamster]

If he is withholding it for a stock count then he has to go ahead with it - and you have to wait a reasonable time. As you suspect it's all in the definition of reasonable.

I assume that you provided him with the stock count on your departure, so the onus is on him to check it...and that time is looking increasingly unreasonable.

My suspicion is that you ought to register a claim though the small claims court. I hope that you have a copy of the stocktake. The onus will be on them to prove that such a clause was IN your contract.

Get down to Citizens Advice quick before the Government shuts it.

 

[Harryburgundy]

Thanks H

Yes, the stock was counted on the 6th May and I have a copy of that...but it's only a record of the stock. Impossible to see any short or over as there was no system in place.

10 weeks is too long. I'll send him a final.

I think he maybe up against some law as he has provided a full payslip with no mention of deductions...just banked less into my account.

 

[BarneyRubble]

I would say he is on incredibly dodgy ground. If your payslip says X then he has to pay you X. If he wants to make deductions for any lost stock they must be on your payslip and taken before deductions for NI and income tax as this will alter what you should pay to the government. He should also provide an itemised breakdown of any stock which he is claiming as missing, so that you can challenge it accordingly. Otherwise any employer could just randomly with hold pay from employees and give the reason as "missing stock" as and when they felt like it. Supermarkets and shops could have a field day!

The law is almost always on the side of the employee in situations like this, so stick it to him!

 

[cchris2lou]

he is clearly at fault . by now the stock will have changed many times over .

ask him to explain the items missing up to the value of £350 .

send the letter recorded .

 

[Gtpulse]

Can't see how your employer could hold you responsible based on a stockcount done after you have left. What if there was a
shortage due to someone nicking stock after you left?

 

[Gtpulse]

Can't see how your employer could hold you responsible based on a stockcount done after you have left. What if there was a
shortage due to someone nicking stock after you left?

 

[azaro]

I would say he is on incredibly dodgy ground. If your payslip says X then he has to pay you X. If he wants to make deductions for any lost stock they must be on your payslip and taken before deductions for NI and income tax as this will alter what you should pay to the government. He should also provide an itemised breakdown of any stock which he is claiming as missing, so that you can challenge it accordingly. Otherwise any employer could just randomly with hold pay from employees and give the reason as "missing stock" as and when they felt like it. Supermarkets and shops could have a field day!

The law is almost always on the side of the employee in situations like this, so stick it to him!

+1 - What appears on your payslip has to appear in your bank account.
IF any deductions whatsoever are to be made, you MUST be notified in advance or on your payslip.
All legal rights are in your favour on this one so stick to your guns.

 

[sylus]

Before it goes to small claims they will ask what you have done to point this out to the ex employer

So, you write a detailed explanation of why you are contacting him and explain the issue and how you would like it resolved. Also say quite clearly that should this not be resolved within 7 days of the date if receiving the letter that a small claims court proceedure wil be started to recover the monies owed

Also make it clear the cost of the small claims and any additional loss of earnings/expenses will be sought

Make sure the letter is sent by special delivery

Do not make agreements over the phone but purely in writing

 

[Harryburgundy]

anks for your replies chaps...I will send a letter tomorrow.