Any employment law experts here? by pob06

I have a question (need a point in the right direction) on behalf of someone.
Despite the high cost of living its still proving popular.

Posted 22 Jun 2012, 18:44 #1 

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Borg Warner
What's the question?

Posted 22 Jun 2012, 19:18 #2 

My recent ex g/f is regional sales rep for a company (not a UK company). On payday (yesterday), she and her collegues found they had not been paid fully, no notice, no email, no letter. Seems the uk team had their "commission" (approx 1/3 of wages) witheld as they "hadnt chased outstanding accounts enough". There is no reference to having to hit OTE or minimum sales or accounts paid in their job terms n refs nor any ref to the company being able to withhold payment.

She and her collegues have given the company until end of month to sort before they take some sort of action.

Obvioulsy shes fuming as shes now short of cash with a couple of kids.

Just wondered where I can point her for help, all sounds wrong to me (though I think them threatening to take action could put them in a sticky place). Employment law not really being one of my strong points.
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Posted 22 Jun 2012, 19:43 #3 

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If there's no one on here that can offer any expert advice it's always worth going along to your local CAB.

Posted 22 Jun 2012, 20:03 #4 

Cheers guys, tbh CAB and a local solicitor were my thoughts but thought I'd ask here in case someone could give a better steer (?)
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Posted 22 Jun 2012, 20:12 #5 

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Depends what is in her contract?
If its not in her contract it's unlawful if it is she will need to check the wording carefully.
There is some good info on the directgov website. ... 1206222130

Posted 22 Jun 2012, 20:33 #6 

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I work for the CAB :) They will definitely be her best bet and free too. She needs to take her employment contract with her so as to establish whether or not they are in breach of said contract. If they are then the CAB can advise her on the most effective way forward. I would suggest that, if possible, any action she is advised to take is also taken by everyone else affected too.

Posted 23 Jun 2012, 07:07 #7 

Thanks folks - info passed on. Its much appreciated :-)
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Posted 23 Jun 2012, 10:37 #8 

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Employees are protected against unlawful deductions from their wages.
A deduction is only lawful only if the the employee has agreed to in writing, this does include signing a contract of employment which contains any points covering additional deductions.
But then , even if there is no deductions clause, the only time an employer can still be able to make the deductions, is when it concerns the recovery of overpayments. there is an exception in law for this only .

please bear in mind I'm no expert in law ( like the title asks :em: )
But at this actual moment in time I am going though a very similar situation for my daughter. so have done a fair bit of swoting on this !!!
And the company mentioned here seem not to be UK based
Does Uk law apply here .. would hope so ?

:geek: :gmc:
Got one for Me , Then one for her, and now a big one for me again, All BLOO! Well saves on the touch up paint, Now Number one son's Spoilt it all by getting a Firefrost 1.8T

Posted 24 Jun 2012, 11:32 #9 

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UK law applies but....the question is whether bonuses can be construed as 'wages'.....

Posted 24 Jun 2012, 11:43 #10