Login|Contact Us
Question and Answer

UK Employment Law

Ask an UK Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Some money went missing at work. I was suspended pending an

 
joannem1965's Avatar
  • Answered by:joannem1965
  • Advocate
  • Positive Feedback: 100.0 %
  • Accepted Answers: 49
Verified Expert
in UK Employment Law

Recent Feedback

Positive
Helpful advice thanks
Positive
you looked into it and gave me the answer i hoped for
Positive
sound acurate advice offered. i can now procede with dealings i was unsure i had...
Positive
thank you very much for your advice and help - i will prepare him now with this...
Positive
Concise speedy response. Thank you.
Positive
Clear and precise answers were given using 'plain' English.
Positive
Thanks Joanne, you have been of great help
Positive
Very pleased with the anser. Thank you
Positive
precise, informative and reassuring, thankyou for helping me .

Customer Question

Some money went missing at work. I was suspended pending an internal investigation. Whilst this investigation was taking place the company deducted the whole amount of £769.54 from my salary.

Can I now sue for illegal deductions?

 

Optional Information:
Province/Country relating to question: UK

Already Tried:
Emails and letters requesting return of monies

Submitted: 283 days and 4 hours ago.
Category: UK Employment Law
Value: £28
Status: CLOSED
Picture
Expert:  Awan-Legal replied 283 days and 4 hours ago.


Awan-Legal : Hi
Awan-Legal : The company are legally obliged to pay you as your contract continues during this period unless there is a clause in the contract stating that pay will be deducted/not paid if you are suspended or subject to disciplinary action. Check your contract carefully to see if there is a clause like this but if not, you should have been paid and the deduction is unlawful so you can make a claim against your employer.
Awan-Legal : The directgov states:
Awan-Legal : If your employment contract allows you to be suspended without pay, your employer can do so, so long as they are acting reasonably. If your employment contract does not say that your employer can do this, your employer may still be able to suspend you, but with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases.You keep your employment rights while suspended. If you don't get the right pay you may be able to make a claim to an Employment Tribunal for 'unlawful deduction from wages'.
Awan-Legal : http://m.direct.gov.uk/syndicationController?action=view¶m=DG_10028111&utn=f5983a9f11b54523ad63201207040939
Awan-Legal : I hope that helps. Please rate my answer as ok or above, thanks.

Picture
Expert:  joannem1965 replied 283 days and 3 hours ago.

Hi there when you say an amount was deducted from your pay was that the amount that went missing or was it your wages for the suspension period?

Customer replied 283 days and 3 hours ago.

Part of my job is collecting cash from retail customers. I arrived back late so could not bank my takings. I left these in a folder in the managers office and they went missing

Picture
Expert:  joannem1965 replied 283 days and 1 hours ago.

so the money that was deducted - was that the money that went missing?

Picture
Expert:  Awan-Legal replied 283 days and 1 hours ago.

From the question above, it states that the amount was taken from your salary hence my response above.

Customer replied 283 days and 1 hours ago.

Yes, the amount deducted was the exact amount of the missing monies

Accepted Answer

Picture
Expert:  joannem1965 replied 282 days and 17 hours ago.

My colleagues response is irrelevant. This isn't about not being paid whilst on suspension it's about having money deducted from your wages because the employer thinks you should be reposnsible for repaying money that's gone missing. The two are completely different. In your case you're protected against the deducions your employer has made from your pay because they can't make such deductions if they haven't got a specific clause in your contract that says they can do that, neither have you told them in writing that they can do that. This is called illegal deduction of wages and you can make a claim in the employment tribunal to try and recover it.

Expert TypeAdvocate
Category: UK Employment Law
Pos. Feedback: 100.0 %
Accepts: 49
Answered: 7/4/2012

Experience: LLB (Hons), LPC

Ask this Expert a Question >
 
Tweet

3 Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your UK Employment Law Question Here...
characters left:

Top UK Employment Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
161 Solicitors are Online Now
Type Your UK Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC