employment law!

[commonsense]

Each month I am paid into my bank account on the first of the month, my boss has always taken �9 each month from my wages in order for the money to clear on that day or he says i have the option of waitng for 3 days for it to clear, due to direct debits and other bills I cant do this He pays us through BACS if this is of any relevence. I have worked there for 2 years meaning I have paid over �200 pounds just to be paid. My contract says I am paid monthly on the first day of each month. Is this correct. PLEASE HELP

[Electrochem]

If you contract says that you are paid on the 1st day of each month, then your bank account should be credited with your pay on that date.

With BACS it does take 3 days for the payment to be added to your account, so the company you work for should make arrangements for this period to be taken into account.

I would look at changing the date on Direct Debits, to say the 5th of each month. Most creditors would understand the problem.

By what you say, it sounds like you work for a bunch of cowboys.

[commonsense]

Thanks for advice, but do you think I would be able to claim it back? Yes they are cowboys, I am working the final week of my notice!!!

[Electrochem]

Your best course of action would be to speak to the CAB.

Claiming it would be one thing; getting it another!

[buildersmate]

Its outrageous. But its a shame you've left it 2 years to resolve it.

[stanleyman]

If your contract says you get paid on the first then you should have cleared funds available then, no argument. It is your employers responsibility to get your pay details to BACS in good time and the pay is automaticlly taken from their account. This is a breach of contract and possibly fraud. You can't pay your bills like this and neither can he. You can take them to the small claims court but use your union or CAB to find the exact legal details first.

[erimus1]

Full stop they are responsibe at their own cost. Work out how much they have deducted and ask them in writing for the total amount to be paid back to you. Write it 'Without Prejudice' in case you need to take them to court and add anything to your claim (this just means that you are not precluded from altering your claim for additional thing/sums)

if they do not pay up within a seven day period (which you must give them, Make an application to the County Court for a judgement for the amount plus costs (about �60 if I remember correctly). They shouldn't let it go this far as they will know that they are bound to lose (your burden of proof in County Court is only on a 'Balance Of Probabilities', so you only need 50% ti win

Regards,
Steve