As above, started with a firm in August last year. Contract said uniform would be provided after 3 months.
I never asked for any and it wasn’t supplied untill last week. 11 months.
I have left this job and they are now refusing to pay me on payday and saying they are going to deduct money for uniform.
I have just had a right bust up with a supervisor over it telling him to get the MD into the office.
He refused.
So, do they have a right to charge me for uniform even if I never asked for it? And can they refuse to pay me when it’s due?
thelorryist:
As above, started with a firm in August last year. Contract said uniform would be provided after 3 months.
I never asked for any and it wasn’t supplied untill last week. 11 months.
I have left this job and they are now refusing to pay me on payday and saying they are going to deduct money for uniform.
I have just had a right bust up with a supervisor over it telling him to get the MD into the office.
He refused.
So, do they have a right to charge me for uniform even if I never asked for it? And can they refuse to pay me when it’s due?
Have you returned the uniform? If you have, then they can’t charge you for it. When I left a job that had a clause like that, I took a print out receipt in with me when I returned my uniform and got the person accepting the uniform to sign it, it basically listed everything I’d returned.
If you’ve not returned it, then yes, they’ll dock it out of your wages, whether you asked for it or not.
I have returned it. The supervisor refused to take it and told me to keep it.
I left it on the desk. Tries getting them to say they had it but again they refused.
Any other advice?
Take a photo of it returned to the depot - pref with the person you’re returning it to in view, then explain that any money missing from your wages and you’ll take them to small claims court.
It takes time, and costs a few quid to set up, but you’ll win it, and then it’ll cost them whatever they deduct + the court costs + any lost earnings for you to go to court (charge 1 x 12hr day @ agency rate) + any expenses incurred for you to attend court @ £1 per mile + parking costs.
Make sure you’ve made all that clear to them and I’m 75% certain that your wages will be fine.
If it’s now been returned, just tell them that you’ll take them to small claims court for any money missing from your EARNINGS
They either GAVE you the uniform or they LOANED it to you and returned it. Either way, you are in the right and no money is owing. As has been said, tell them you do not agree to a deduction and you will persue the matter in the Small Claims Court.
The fact that your supervisor didn’t want to involve the MD suggests he knows he is on shakey ground.
OnlyAlan:
They either GAVE you the uniform or they LOANED it to you and returned it. Either way, you are in the right and no money is owing. As has been said, tell them you do not agree to a deduction and you will persue the matter in the Small Claims Court.
The fact that your supervisor didn’t want to involve the MD suggests he knows he is on shakey ground.
Just foud this in my contract;
On leaving the employment of the company, for any reason, drivers will surrender all items of work wear (for security reasons) failure to do so will result in deductions from any final wages payment.
Word for word.
thelorryist:
As above, started with a firm in August last year. Contract said uniform would be provided after 3 months.
I never asked for any and it wasn’t supplied untill last week. 11 months.
I have left this job and they are now refusing to pay me on payday and saying they are going to deduct money for uniform.
I have just had a right bust up with a supervisor over it telling him to get the MD into the office.
He refused.
So, do they have a right to charge me for uniform even if I never asked for it? And can they refuse to pay me when it’s due?
If they don’t settle up, I would invoice them for PPE/workwear for the 8 months they failed to supply a uniform (as they promised from month 3 - 11). If the uniform provided is in the contract - and it must be if they mention you have to return it, then they are already in breach of contract for not supplying you with it.
You should find that taking this kind of stand will get you the money you are owed. 
Truckulent:
thelorryist:
As above, started with a firm in August last year. Contract said uniform would be provided after 3 months.
I never asked for any and it wasn’t supplied untill last week. 11 months.
I have left this job and they are now refusing to pay me on payday and saying they are going to deduct money for uniform.
I have just had a right bust up with a supervisor over it telling him to get the MD into the office.
He refused.
So, do they have a right to charge me for uniform even if I never asked for it? And can they refuse to pay me when it’s due?
If they don’t settle up, I would invoice them for PPE/workwear for the 8 months they failed to supply a uniform (as they promised from month 3 - 11). If the uniform provided is in the contract - and it must be if they mention you have to return it, then they are already in breach of contract for not supplying you with it.
You should find that taking this kind of stand will get you the money you are owed.
Liking all these suggestions. Keep them coming folks!
thelorryist:
Truckulent:
thelorryist:
As above, started with a firm in August last year. Contract said uniform would be provided after 3 months.
I never asked for any and it wasn’t supplied untill last week. 11 months.
I have left this job and they are now refusing to pay me on payday and saying they are going to deduct money for uniform.
I have just had a right bust up with a supervisor over it telling him to get the MD into the office.
He refused.
So, do they have a right to charge me for uniform even if I never asked for it? And can they refuse to pay me when it’s due?
If they don’t settle up, I would invoice them for PPE/workwear for the 8 months they failed to supply a uniform (as they promised from month 3 - 11). If the uniform provided is in the contract - and it must be if they mention you have to return it, then they are already in breach of contract for not supplying you with it.
You should find that taking this kind of stand will get you the money you are owed.
Liking all these suggestions. Keep them coming folks!
I hate companies that take the ■■■■ like the above. Stick to your guns matey. You worked, you are owed the money. They are out of order banging on about a tenner’s worth of polo shirt and keks -especially as presumably you were advertising the company whilst wearing it.
Seems to me that unless you can show proof that you have returned it, you are up the creek!
How you can get them to admit that it was returned I have no idea.
Any witnesses?
Its not an unlawful deduction…as you agreed to it in your contract
del949:
Seems to me that unless you can show proof that you have returned it, you are up the creek!
How you can get them to admit that it was returned I have no idea.
Any witnesses?
Its not an unlawful deduction…as you agreed to it in your contract
I agree with this, but…
Take it to court and see who the judge believes. Although I don’t think for one minute that your ex-employer would defend such an action.
Take it to court and see who the judge believes. Although I don’t think for one minute that your ex-employer would defend such an action.
Surely the judge would HAVE to believe the company.
As they are the accused the accuser would have to present some evidence to back up his word.
In the absence of such evidence the judge couldn’t find they were guilty beyond reasonable doubt etc.
Qualifier.
i have no experience whatsoever of court rules etc, so the above is only my own opinion not backed up by any knowledge
How much dosh is involved, can’t be much for a uniform etc can it, unless the uniform was something special.
thelorryist:
OnlyAlan:
They either GAVE you the uniform or they LOANED it to you and returned it. Either way, you are in the right and no money is owing. As has been said, tell them you do not agree to a deduction and you will persue the matter in the Small Claims Court.
The fact that your supervisor didn’t want to involve the MD suggests he knows he is on shakey ground.
Just foud this in my contract;
On leaving the employment of the company, for any reason, drivers will surrender all items of work wear (for security reasons) failure to do so will result in deductions from any final wages payment.
Word for word.
That is normally the reason, security, think how handy it would be if you had a DHell uniform or a Stobrot suit and you fancied a new Scania or a trailer load of airfreight.
del949:
Surely the judge would HAVE to believe the company.
As they are the accused the accuser would have to present some evidence to back up his word.
In the absence of such evidence the judge couldn’t find they were guilty beyond reasonable doubt etc.
In a Small Claims Court the case does not have to be proved “beyond reasonable doubt” but on “the balance of probabilities”. The company would not have legal costs awarded to them if they appointed a solicitor to fight their case and so effectively it would cost them more to defend the claim than to admit it.
If what the OP has said is accurate then I don’t doubt for one minute that the case would go his way.
“Beyond reasonable doubt” is the standard of proof in criminal proceedings (e.g. Theft, assault, dangerous driving). In the civil court the standard is “on the balance of probabilities” (which is what would apply in this case).
I’ve done the Small Claims Court thing before and basically there are just the three of you sat around a desk in an office. You say your thing, the other bloke says his thing and the judge decides who is more likely to be telling the truth, and what is “fair”. I cannot see how it would be fair by any stretch of the imagination for the OP to have to pay for a uniform which his contract specifically states that he has to return on termination of employment.
Normally though, a letter written to the company giving them 14 days to pay money owing, failing which Small Claims Court action will be started would be enough to make them pay up. If the OP does need to initiate action then he can do so here moneyclaim.gov.uk/web/mcol/welcome
Harry Monk:
I’ve done the Small Claims Court thing before and basically there are just the three of you sat around a desk in an office. You say your thing, the other bloke says his thing and the judge decides who is more likely to be telling the truth, and what is “fair”. I cannot see how it would be fair by any stretch of the imagination for the OP to have to pay for a uniform which his contract specifically states that he has to return on termination of employment.
Normally though, a letter written to the company giving them 14 days to pay money owing, failing which Small Claims Court action will be started would be enough to make them pay up. If the OP does need to initiate action then he can do so here moneyclaim.gov.uk/web/mcol/welcome
That’s what I’ve done in the past too Harry, and it really is a very painless process - and 1 of the 2 times I’ve been the other party didn’t turn up, you know how that one turned out 
, the other time they did turn up and basically made themselves look like an arse so that turned out very similar.
I think it’s mad that an employee would / should have to go to this extreme to get what is rightfully theirs, but I wouldn’t hesitate if someone tried to rip me off in this way.
waynedl:
Harry Monk:
I’ve done the Small Claims Court thing before and basically there are just the three of you sat around a desk in an office. You say your thing, the other bloke says his thing and the judge decides who is more likely to be telling the truth, and what is “fair”. I cannot see how it would be fair by any stretch of the imagination for the OP to have to pay for a uniform which his contract specifically states that he has to return on termination of employment.
Normally though, a letter written to the company giving them 14 days to pay money owing, failing which Small Claims Court action will be started would be enough to make them pay up. If the OP does need to initiate action then he can do so here moneyclaim.gov.uk/web/mcol/welcome
That’s what I’ve done in the past too Harry, and it really is a very painless process - and 1 of the 2 times I’ve been the other party didn’t turn up, you know how that one turned out , the other time they did turn up and basically made themselves look like an arse so that turned out very similar.
I think it’s mad that an employee would / should have to go to this extreme to get what is rightfully theirs, but I wouldn’t hesitate if someone tried to rip me off in this way.
Definitely. I think that a court would consider the company reasonable to want the uniform back for security reasons. But I doubt they would agree that a driver with a year’s service leaving, that has only worn the uniform a matter of days should have to pay for it out of money he is legitimately owed.
I doubt they would let it go to court myself. It’s too much hassle and the cost would far outweigh the cost of the uniform.
Stick with it and get what’s rightfully yours.
have you tried hitting the bloke?
just a thought. 