Witheld p45 and holiday money

[lambert36]

Hi all , two scaffolders here in need of advice. Left our last employer two weeks ago no p45 received or holiday money, we rang up and was told that because we have not returned our ppe we will not recieve what we are due until this is returned. This includes harness , hard hat, fluroscent top, boots and gloves.

I can understand the harness as these are exspensive but the rest is beyond a joke as I have had ppe equipment for 6 months and they are obviously worn. We did not sign any document saying we would reimburse them. Are they within their rights to witheld holiday pay and our p45 any help would be appreciated, thanks

[dave b 2]

wa@@ers mate that **** really fooks me off name and shame

[phil181]

Hi all , two scaffolders here in need of advice. Left our last employer two weeks ago no p45 received or holiday money, we rang up and was told that because we have not returned our ppe we will not recieve what we are due until this is returned. This includes harness , hard hat, fluroscent top, boots and gloves.

I can understand the harness as these are exspensive but the rest is beyond a joke as I have had ppe equipment for 6 months and they are obviously worn. We did not sign any document saying we would reimburse them. Are they within their rights to witheld holiday pay and our p45 any help would be appreciated, thanks

I sympathise with your plight mate, but just a quick one - why don't you just go down to their yard and drop the PPE off to them?

[lambert36]

Its in peterborugh and we are in Nottingham so its a bit of false economy really.

[phil181]

Its in peterborugh and we are in Nottingham so its a bit of false economy really.

People will tell you to see a solicitor et etc. Don't bother with all that, it will just cost you more money.

Just write them a letter (or even better an email) asking for your P45 and any holiday money owed.

Also contact the excellent ACAS for free advice on where you stand legally.

Acas - Home (http://www.acas.org.uk/index.aspx?articleid=1461)

Good luck.

[ragscaff]

Fill in a P46 with your new employer.

It quite fast & sorts out the tax thing.

In regards the money owed contact ACAS as soon as possible & they will contact your old employer & mediate. This normally works if not then tribunal!!

Ragscaff

[superscaff75]

im not 100% sure exactly where you stand but withholding p45 over a bit of ppe is bit below belt but just phone inland revenue about it , they are within their right to hold money back for ppe can you not get someone to drop it off for you or ask old employer if someone can meet you halfway to pick it up, i know people on here will think its a c$$ts trick to do this but ppe costs a lot of money per year , its a legal thing that has to be provided and if you lose say 60 sets off ppe per year at say hat £5 harness £50 lets just say £60 per man times by 60 thats £3600 pound its a lump to lose . how much would it cost to post down

[dico]

Its in peterborugh and we are in Nottingham so its a bit of false economy really.

send your harrneses back through royal mail registered delivery cost you
bugger all.then you should get your holiday paye as p 45 cant keep that m8.
as for boots gloves and hi vis hes comin it lambert.

[dave b 2]

fair point

[Rigger]

Do not deal with these toss pots

IT IS ILLEGAL TO MAKE DEDUCTIONS FROM WAGES OTHER THAN TAX,NATIONAL INSURANCE, OR DEDUCTIONS ORDERED BY A COURT OF LAW.

There are to many of these bully boys in the scaffolding game.Take them to an industrial tribunal for "illegal deductions from earnings"as you have signed nothing to aurthorise deductions from your earnings it is a done deal

If your ex employer wishes to recoup his costs of PPE, he must take you to a civil court to obtain recompense. He would however be on a hiding to nothing as the "Health and Safety at Work Act 1974" states in

Section 9 No Cost to Employees

Employees cannot be charged for anything done, or provided,
to comply with Health and Safety Law

This is the LAW of the United Kingdom and Northern Ireland USE IT

Not the ramblings of some bully boys you had the mis-fortune to work for

P.S. Holiday Pay IS classed as earnings under the relevent legislation

[scaffarobbo]

If they have cancelled your employment they must send out your p45 , it is yours with your details on it to give to a new employer . Call your local tax office and explain the situation they will soon be on to them . As for holding back money that you have earned Rigger has hit it on the head . Do not let them of with it .

[superscaff75]

they will argue that its not a deduction of earnings they are only with holding till kit returned, they will also argue that while employed all nesscessary ppe was provided at no cost to yourself and should have been returned on termination of employment, and you are being charged as you are no longer an employee.
basically the ball is in your court you need to get things moving one way or another the court system is crap so either return kit and demand everything owed or as someone already mentioned contact union or summit, either way it will take time

[Podger]

Ring the head office in Ireland and tell them that you are going to let your union deal with it , worked for me :blink1: The Irish office are often surprised at what goes on at the Peterborough !

[VancouverLeedsLondonBoy]

I bet it's McCrory's, am i right?

[shed]

It took me from April until September to get my week in hand, acrued holiday and agreed expenses - and that was via UCATT and ACASS - and I gave all my stuff back immediately - that was a firm in Peterborough - mmmmmmm I wonder who that is????? Without naming I am sure most of you know who this would be - what a shower...

[allan666]

i usually find telling the idiot the scaffold ties are about to be removed usually works .

[VancouverLeedsLondonBoy]

It took me from April until September to get my week in hand, acrued holiday and agreed expenses - and that was via UCATT and ACASS - and I gave all my stuff back immediately - that was a firm in Peterborough - mmmmmmm I wonder who that is????? Without naming I am sure most of you know who this would be - what a shower...

Please refer to my post above yours, hahahaha:laugh:

[daveyboy77]

I can smell a fellow nebosher :D