Help for making a decision about former employer

[steve_uktv]

How do they know that you failed to declare anything to HMRC? Would seek legal advise immediatly. I'm sure they will ask a few questions like:

No money changed hands and none ever did , al work would be invoiced by company, i never collected cash payments

How did this customer contact you, was that unusual and what happened on other occasions (if any)?

by phone and no it wasnt unusual i always nearly dealt with customers directly, on behalf of the company

Does your contract allow for deductions as listed?

yes i beleieve it does

What tools are outstanding and did you sign for them?

no tools or anything outstanding and i did NOT sign for them

What contractual agreement did you have R.E. the pat course?

no agreement and they arranged for me to be set on the course in the company name

What form of agreement was the loan made under?

there was no loan , i paid for my own car

Did you sign for the boots/jacket

boots were not signed for and were given back, as was the jacket

 

[ianmacd]

As I said get a solicitor on board asap as they are trying to take you for a merry old ride.

 

[AAAMUSEMENTS]

Is it wise to have this on an open forum?

I may just be paranoid, but it's probable that there is enough info on here for your ex-employer to identify you or this particular situation... and that's probably not a good thing!

 

[steve_uktv]

suppose so matey , but i doubt he uses this forum cuz if he did he may have learnt something useful , like a real sparky

 

[AAAMUSEMENTS]

suppose so matey , but i doubt he uses this forum cuz if he did he may have learnt something useful , like a real sparky

Hehe yes that's a very good point!

:^O

 

[a1]

Just an after thought or two:

I thought it was illegal to take money out of your wages (In fact it is, as there was an advert for it on the radio or TV lately). If you have money outstanding, you should pay them yourself or they have you take you to court.

As above - Did you sign anything for your items received from them? Did you get a receipt when you returned them?

Have you got the Certificate from when you did and passed your 2377 Portable Aplliance testing Course? (If they have it, then they are almost certain that they can't charge you for it as you won't be benifiting from it).

Going on what you have been alleging - I would take them all the way!

[Admin add-on] I typed this post before seeing there was a third page of replies. :_|

 

[a1]

Steve,

At ANY time at your request - I can always remove the thread from public view.

If you wish to do this until all this is cleared up, just send me a PM. I will them"Soft Delete" it which means no-one will be able to see it/add to it, but it will still be on our database.

This is ideal, say for example, you wish to re-show it after any court case etc.

It is totally upto you, Mate. Just drop me a PM if you want to do that.

Best Regards,

Admin.

 

[steve_uktv]

no reciepts for anything given or recieved i am afraid and fortunatley i do have my 2377 certificate, luckily i asked to have it so i could carry it around with me for the customers to see if required.

 

[steve_uktv]

should be fine admin afterall i have nothing to hide and i am just telling the truth...i will never be afraid of stating honesty ...thx anyway

 

[a1]

You're Welcome - The offer is Always there Mate.

 

[Theorysparky]

Hi Steve

just 2 points....

your P.A.T. course when did you do it ????

i only ask this as some employers require you to stay with them for a period of time otherwise they can reclaim a percentage back from you....

This would be clearly stated in your contract

Next one

your uniform ppe etc you purchased....did you declare that on your tax return as expenses ???(which you are entitled to )

if so why is he asking for it back ??? did he put it through his books ????

if this is the case the taxman will ask questions

one other point to follow up...... has he been deducting your tax and n.i. and paying it to the revenue etc.......

just points to ponder,,,,,,and do you have an accountant ???

 

[a1]

Theory,

I do believe that Steve was taken on for less than a year (reading his dismissal notice), and he mention that he only works 16 Hours on his Ex-Employer's books.

 

[ianmacd]

Hi Stevejust 2 points....

your P.A.T. course when did you do it ????

i only ask this as some employers require you to stay with them for a period of time otherwise they can reclaim a percentage back from you....

This would be clearly stated in your contract

I would hope this would be only if you chose to leave rather then being terminated.

Next one

your uniform ppe etc you purchased....did you declare that on your tax return as expenses ???(which you are entitled to )

if so why is he asking for it back ??? did he put it through his books ????

if this is the case the taxman will ask questions

one other point to follow up...... has he been deducting your tax and n.i. and paying it to the revenue etc.......

just points to ponder,,,,,,and do you have an accountant ???

In RED

 

[Theorysparky]

In RED

Ian

yep your right

so he shouldnt have it deducted anyway.....

 

[septiclecky]

Dismissal read as followsformal notification of termination of employment

This is the written notification to acknowledge the termintion of employment of ******** due to gross misconduct,after been found to be using company equipment(including test meter , labels,tools and spares),the companys uniform and insurance and good name without permission and without declaring the work to us or HM Revenue and Customs.

The last day of employment was APRIL 15th 2010.

You were asked to return all p.p.e ,tools ,tool bags,spares and uniform including boots and high visibility jacket.

All were returned with the exception of the tools and high visibility jacket, which you will be charged for.The following deductions will e made from your last wage packet,as the agreement was that the employee would pay for the items if they leave or their contract is terminated before a year of employment.

TOOLS provided by ******for the job

 

[steve_uktv]

ok going to look at cotract again now

 

[steve_uktv]

oh yes and i only worked 16hrs and wasnt self employed

 

[SLIPSHOD & SLAPDASH]

Hi, my post of last night was purely looking at this matter from both sides. I thought you mentioned that you had carried out some remedial works and that's where an installation cert may have arisen. Of course your signature should not have been forged although if work was carried out your name could have been used.

Some people may refer to the company uniform as PPe, but you have since told us all that was returned except a high viz jacket that costs a couple of pounds

Good luck

 

[NozSpark]

But surely Steve's EX boss should be signing the certs anyway as he was the SUPERVISING electrician.... effectively Steve was working as a mate??

 

[kme]

As the O/P has 2377, but no 7671 quals, his signature shouldn`t appear on the certs, unless as 1/2 of the "installation" section, and even then only if he put it there himself!

Employers cannot make "ad hoc" deductions from you - I had an employer who tried the same thing, soon backed down when threated with tribunal.

You need to check employment law carefully, as 16 hrs or less has different rules!

Keep us informed, mate. As others have said, police will be interested, NIC should be, CAB, Taxman and TSA will also want a bit if you push `em.

Keep us informed, and post or PM for further info.

KME