Wages have been stopped - Help!!

tonythetiger · Sep 17, 2008

I was hoping someone could give me advice on my stiuation. I have been a loyal worker at my company for over 12 years, I have a 5 year old daughter that depends on me. I teach sport and have to claim back the money for the lessons I do less commission the company takes. They have recently informed me that (over the last 12 months) I have overclaimed by over £2000! No records were kept by the company or any details from the paying customers. I have only claimed for the correct amount of lessons I have done. Incidently, the company has recently changed the system so the company and the customer both get receipts! (during the time they say I have overclaimed they have no records to say who has and who hasnt paid)

They want me to sign a form saying I will pay back £75 a week until its paid off and I have found out today after checking with my bank that my wages have been stopped and have gone overdrawn. I phoned my manager and he said it will be to do with the commission payments!! Can they just stop an employees wage without telling them??

My integrity and good reputation is at stake here - Please help!

Incidently, I have felt as if I am being "pushed out" for a while. I am in the process of going for residency of my daughter, but at the moment see her every weekend. The company refuses to change my shift patterns so I can see my daughter and make it as awkward for me as they can.

Its really starting to upset me as I am trying my hardest and doing my best for me and my daughter. I have done nothing wrong yet I am made to feel like this.

I have tried to keep it as brief as I can so if you require any further information, just ask.

Thanks for reading.

davidakerr · Sep 17, 2008

Not sure if you are an employee or self employed working on commission..........can you clarify.

If you are an employee I doubt if they can suspend or stop wages you have earned. They could be in breach of the Employment Rights Act.

You would be better to clarify your situation with the likes of ACAS.

Very sorry to hear of your predicament and hope you have it sorted soon.

tonythetiger · Sep 17, 2008

Thanks for your reply David.

To clarify, I am both employed for hours worked in a shop and self-employed for my teaching within the same company.

They have stopped my self-employed wage which I cannot survive without.

Sep 17, 2008

If all you say is true it sounds like they are trying to turn you over as they are producing no evidence.

If it were me in that situation I would go straight to the heart of the matter,the guy who is witholding your money and persuade him that lying is not a good idea.

And use every means at ones disposale to obtain justice.

Legal or not.

Its called Honour.

Earl

Mister B · Sep 18, 2008

I'm with earl here, but before you do anything, you need to put the facts together.

Assuming that you, yourself have kept records of all payments made to you and commission paid to your employers, then all you need to do is make copies and pass them to your employer for them to look at. Once everything has been explained then all should be okay.

What puzzles me though, is the way in which both they and you have worked in the past. I mean, how are they accounting for the income as I would presume that the VAT man and taxman would want to know.

As for stopping your wages, I very much doubt it unless they can prove it and unless they have most certainly given you advance notice. Speak with them about it and then seek advice from ACAS or somebody of that ilk.

Regarding the shift patterns, I don;t think that they can do a thing. looking at it from their point of view, if rescheduling their shift patterns in order to accomodate you is detrimental to their business, then why should they?

Only my thoughts, no doubt a legal bod will be along shortly to comment.

Mister B

Chris Ashdown · Sep 18, 2008

I would suggest you request a official meeting with your manager and also ask either a friend or union rep to attend with you as a witness

Type out a letter with all your points and information on it and give the manager a copy

Tell him you feel that you are being unfairly treated and it feels you are being pushed out of the company and that you would welcome his views on this

Point out they have no legal right to withhold any moneys due unless it is specified in your contract, and any dispute about previously earned money, should be decided on at a formal meeting

Zeno · Sep 19, 2008

I am still confused as to your situation - You are employed (in a shop) and run a self employed sports coaching business (who's only customer is the company you work for).

From what I understand, the problem is with the self employed aspect where they claim that they have overpaid you and have stopped paying your commision invoices until resolved?

They have not stopped your wages as your title suggests but stopped paying your self employed commision which in legal terms is an entirely different kettle of fish.

ACAS will not help here as it is not your employment that is the issue but your self employed business. (I realise that you perhaps don't appreciate that you are in fact running a business due to the set up).

Do you have an accountant? What records do you keep?

sjbeale · Sep 19, 2008

If you are an employee and paid a wage they can not just stop this wage. If you are self-employed you should be invoicing the company and getting paid accordingly. If you do not you need to threaten court action. I hope you have written records to prove your case.

Jenni384 · Sep 19, 2008

As Zeno says it sounds like the issue is not stopped wages (typically illegal) but your customer is not paying his debts to you (unfortunately a fact of life when self employed). You need to talk to them. As it's the self employed income that's stopped, they can't demand you pay back £75 a month. They will have to justify to you that you have overcharged them. If you can't come to an agreement and you still believe they owe you money you can take them to the small claims court. Lastly what does your self employed contract with them say?

Good luck

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