Asking for a friend. 
Now I know the ins and outs of the law regarding this, so don’t need the lecture, but has anyone ever taken on their employer over illegal wage deductions, and won?
How did you do it, and what was the eventual outcome?
Ken.
Better call Saul!!!
Or CAB or a reputable employment solicitor.
I suspect you have already googled the “1986 wages act” which basically states
The Wages Act 1986 renders it unlawful for employers to make ‘deductions’ from workers’ wages unless the deduction ‘is required or authorized to be made by virtue of any statutory provision or any relevant provision of the worker’s contract’ (section l(l)(a)) or 'the worker has previously signified in writing
Yes and Yes, this was before the days of Money Claim Online so all done by paper, took an ex-employer to Dover Small Claims Court, won the case and was awarded the full amount I claimed plus two days loss of earnings (on the first day he came up with some ridiculous reason why the case couldn’t be dealt with that day so it was rescheduled) plus a small amount for the admin costs, I think £25. His equally ridiculous counter-claim was thrown out.
All very easy, just me and him saying our thing and the registrar, all sat round a desk. I came across as being totally honest, he came across as being a shifty and dishonest liar. I knew from the word “Go” that he didn’t have a chance, I don’t know why he bothered wasting his time turning up to be honest.
Quinny:
Asking for a friend.Now I know the ins and outs of the law regarding this, so don’t need the lecture, but has anyone ever taken on their employer over illegal wage deductions, and won?
How did you do it, and what was the eventual outcome?
Ken.
I did it a couple of years ago with an agency based not far from Dawson’s Corner. Kid in the office agreed to my rates on the phone when ringing me to do a job that they’d been let down on. I followed it up with an email to him confirming the verbal agreement on the phone and attaching my rates PDF and off I went and did the job without any issue.
Predictably, my invoice was paid short at the end of the following week. I’d worked out that it was paid £1/hr less overall. Unsurprisingly I was passed from pillar to post as “you need to speak to payroll” who conveniently were never available.
On the 3rd day of being fobbed off, the kid that originally agreed the rate was the one who answered the phone so I grilled him about it and was put through to payroll who told me there “must have been a mistake as the job you did was a day job and we only pay x per hour for day work”. I pointed out that I’d already made it clear to the kid in the office that I only have one rate and that is my night rate, which he agreed he’d pay for this job as I was getting them out of the crap at very short notice (the call came in late morning to get there asap). She told me there was “nothing we can do, that’s all we pay” and so I got the kid back on the phone and told him I wasn’t having it and he needed to sort it out sharpish otherwise I’d be coming down to collect it in person. He reply whilst laughing at me “no you won’t Rob, and you won’t be getting your money either!”.
To say I was suitably enraged would be quite the understatement.
I got in my car and drove up to their office but couldn’t get in because it was in a small office block with an intercom outside. Obviously I couldn’t press the intercom to let them know I was outside. I patiently waited until a courier came to deliver a parcel then followed him in 
. I burst into the office where 3 new drivers were sat round a table filling in application forms and walked straight through the door into the side office where 4 burly blokes were sat working at their desks. The first desk immediately inside the door had a guy sat there with a laptop open on his desk whilst he was messing around with his phone. I reached over his shoulder, pulled out the power cable and started walking out with it under my arm 
. Predictably this caused quite a stirr and 2 of them jumped up “wtf are you doing and who the ■■■■ are you?” whilst the bigger of the two (bigger and taller than me 
) grabbed hold of me and pinned me up against the wall 
. I was starting to crap myself a bit by this point but I stood my ground, said what had happened and said I was taking the laptop in lieu of payment. It all got rather heated with much shouting and arguing but one of the other guys came over to calm the situation and bundled us all out of the office into the corridor whilst the biggest guy continued screaming “do you know how I am, do you know what a [zb] huge mistake you’ve just made coming into MY office like you’ve done, you aren’t going to be leaving this building in one piece” etc . I was starting to cack it a bit more at this point but sanity prevailed and the ‘mediator’ guy sent him back in the office out of the way while he got the full story from me over how it had all come about.
He says to me 'wait here while I check it out and evidently he did check it out because the kid who’d tried to fob me off was sat in the office with him and I heard him get an almighty bollocking for not telling any of them about it (the big guy was the agency owner it later turned out). Mediator guy comes back out to me and apologises profusely, saying to go home and the shortfall will be transferred into my account within the next hour. Nothing much else I could really do so off I went thinking to myself that I’d just been fobbed off, but sure enough the money (only £20) was there within 30 mins and I got a call from him apologising again but “that wasn’t the correct way to resolve it” and “it’s probably best you seek work elsewhere”. We had a firm and frank discussion of views and that was it.
So yes, there are ways and means of getting any shortfalls or illegal deductions, some more effective than others. If you want to do it outside of official channels then you need a big pair of cojones and to be prepared to shed a bit of blood if it turns nasty.
Rob K:
I did it a couple of years ago with an agency based not far from Dawson’s Corner. Kid in the office agreed to my rates on the phone when ringing me to do a job that they’d been let down on. I followed it up with an email to him confirming the verbal agreement on the phone and attaching my rates PDF and off I went and did the job without any issue.Predictably, my invoice was paid short at the end of the following week. I’d worked out that it was paid £1/hr less overall. Unsurprisingly I was passed from pillar to post as “you need to speak to payroll” who conveniently were never available.
On the 3rd day of being fobbed off, the kid that originally agreed the rate was the one who answered the phone so I grilled him about it and was put through to payroll who told me there “must have been a mistake as the job you did was a day job and we only pay x per hour for day work”. I pointed out that I’d already made it clear to the kid in the office that I only have one rate and that is my night rate, which he agreed he’d pay for this job as I was getting them out of the crap at very short notice (the call came in late morning to get there asap). She told me there was “nothing we can do, that’s all we pay” and so I got the kid back on the phone and told him I wasn’t having it and he needed to sort it out sharpish otherwise I’d be coming down to collect it in person. He reply whilst laughing at me “no you won’t Rob, and you won’t be getting your money either!”.
To say I was suitably enraged would be quite the understatement.
I got in my car and drove up to their office but couldn’t get in because it was in a small office block with an intercom outside. Obviously I couldn’t press the intercom to let them know I was outside. I patiently waited until a courier came to deliver a parcel then followed him in
He says to me 'wait here while I check it out and evidently he did check it out because the kid who’d tried to fob me off was sat in the office with him and I heard him get an almighty bollocking for not telling any of them about it (the big guy was the agency owner it later turned out). Mediator guy comes back out to me and apologises profusely, saying to go home and the shortfall will be transferred into my account within the next hour. Nothing much else I could really do so off I went thinking to myself that I’d just been fobbed off, but sure enough the money (only £20) was there within 30 mins and I got a call from him apologising again but “that wasn’t the correct way to resolve it” and “it’s probably best you seek work elsewhere”. We had a firm and frank discussion of views and that was it.
So yes, there are ways and means of getting any shortfalls or illegal deductions, some more effective than others. If you want to do it outside of official channels then you need a big pair of cojones and to be prepared to shed a bit of blood if it turns nasty.
It all went a bit “jackanory” after the arrival at the office.
Quinny:
Asking for a friend.Now I know the ins and outs of the law regarding this, so don’t need the lecture, but has anyone ever taken on their employer over illegal wage deductions, and won?
How did you do it, and what was the eventual outcome?
Ken.
Yes I’ve done it. And yes I won.
I stormed out of a job in a hail of Fs and Cs and they tried keeping 6 days holiday pay they owed me.
I went to the CAB who helped me word a letter to them in the right way. They had 28 days to respond and the cheque arrived after 27 days special delivery.
The-Snowman:
It all went a bit “jackanory” after the arrival at the office.
didn’t it though!
Quinny:
Asking for a friend.Now I know the ins and outs of the law regarding this, so don’t need the lecture, but has anyone ever taken on their employer over illegal wage deductions, and won?
How did you do it, and what was the eventual outcome?
Ken.
Yes to both. My previous employer was fiddling our holiday pay by having a reduced rate and reduced hours while on holiday. Usually ended up £150 or more down on usual pay (it was a very overtime centric job).
Seen as it’s not actually stated in law that employers have to pay the now almost standard 12 week average for holiday pay there is legal precedent from a few previous cases that have gone to court and won in the past. Things got a little tricky because of it not been stated in law but I hated the way they treated drivers so wanted to take them on just for the sake of it (and the money was nice too).
I ended up getting more out of it than I expected, even made a fancy spreadsheet to calculate every last penny I was owed. As it happens I managed to claim back almost two full years of deductions. Not sure if others are aware but if you have regular illegal deductions less than three months apart you can claim back up to two years. Just so happens that I’d not had a single gap of more than that within my last two years there.
The real kicker for my previous employer was when I shared that spreadsheet and detailed instructions including outline complaint emails with every other driver there. Must have cost them a fortune!
Just to clarify, I walked out of that job by choice before they paid up when I got my current job. Only took one strongly worded email with a deadline and a threat with going to Acas to get them to cough up every penny. If they had treated drivers better it wouldn’t cost them half as much.
Funniest thing was, less than a week after I left everyone was miraculously given a £2p/h pay rise without explanation. They were so scared I’d take the other drivers with me it cost them even more. It was a very well paid job before the pay rise too.
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The-Snowman:
It all went a bit “jackanory” after the arrival at the office.
I must admit i thought the Iranian Embassy was going to be inserted somewhere here.
Quinny:
How did you do it, and what was the eventual outcome?
In those days…
I used the small claims court. I had three seperate cases of non paid invoices. I was successful every time winning the case, the money owed and my expenses incurred.
It’s all done online now so, I’m unable to shed any light there for you.
You have to do something or you’ll get steam-rollered every time.
I’m not gonna quote…
The whole Rob K thing again.
In short; I got ripped off, I went down there, I bit off slightly more than I could chew, I had my ■■■ saved by someone else and I got the money I was owed back.
msgyorkie:
The-Snowman:
It all went a bit “jackanory” after the arrival at the office.I must admit i thought the Iranian Embassy was going to be inserted somewhere here.
Yes, I think Rob was longing to say that he abseiled down from the roof with the rest of the chaps and threw a grenade through the agency’s window, except he thought we might not believe him. 
Harry Monk:
msgyorkie:
The-Snowman:
It all went a bit “jackanory” after the arrival at the office.I must admit i thought the Iranian Embassy was going to be inserted somewhere here.
Yes, I think Rob was longing to say that he abseiled down from the roof with the rest of the chaps and threw a grenade through the agency’s window, except he thought we might not believe him.
It happened exactly as posted. I let a lot of things wash over me but messing with my money is not one of them. Story can be confirmed with Work Force Driver Hire, it’s owner Jonathan and the kid who thought it would be a good idea to call my bluff, Connor.
Rob K:
I did it a couple of years ago with an agency based not far from Dawson’s Corner Yada yada yadaI got in my car and drove up to their office yada yada yada, big bruiser etc etc, threatened this, did that etc etc
On the plus side, the time you spent going up there did make you late for the Herald, so swings and roundabouts and all that
yourhavingalarf:
I’m not gonna quote…The whole Rob K thing again.
In short; I got ripped off, I went down there, I bit off slightly more than I could chew, I had my ■■■ saved by someone else and I got the money I was owed back.
And all for 20 quid, sure he did…
Not really an illegal wage deduction but some years ago an agency kept fobbing me off for a couple of days pay saying they hadn’t been paid by the client (like I should care 
), after a couple of weeks I phoned the agency and told the bloke that if the money wasn’t in my account by the end of the week I’d be starting legal proceedings on Monday, the money was in my bank account by the end of the same day 
I will say this though, I don’t think I would ever threaten legal proceedings unless I was prepared to go through with it, you could end up looking like a complete jerk if they call your bluff.
Rob K:
I’d worked out that it was paid £1/hr less overall.
Rob K:
but sure enough the money (only £20)
Either your math needs refining or your knowledge of DHR does
Rob K:
Harry Monk:
msgyorkie:
The-Snowman:
It all went a bit “jackanory” after the arrival at the office.I must admit i thought the Iranian Embassy was going to be inserted somewhere here.
Yes, I think Rob was longing to say that he abseiled down from the roof with the rest of the chaps and threw a grenade through the agency’s window, except he thought we might not believe him.
It happened exactly as posted. I let a lot of things wash over me but messing with my money is not one of them. Story can be confirmed with Work Force Driver Hire, it’s owner Jonathan and the kid who thought it would be a good idea to call my bluff, Connor.
And I expect the story doubters in this thread are the ones that would do absolutely nothing except make whining posts on Facebook and internet forums asking “what should I do?” and then just let it go because it’s too much hassle or they haven’t got the balls to get up off their lazy fat arses to reclaim what’s rightfully theirs. It doesn’t matter whether it’s “only” £20 or £2000, it’s the principle. All the agencies play this game because it’s free money for them and they know the vast majority of drivers won’t do [zb] all except have a bit of a rant down the phone.
Reef:
Rob K:
I’d worked out that it was paid £1/hr less overall.Rob K:
but sure enough the money (only £20)Either your math needs refining or your knowledge of DHR does
Try adding in the VAT 
and it just was under £20.