Attachment of Earnings Order - this can't be right!
Discussion
Had a team employed on a fixed term contract. One of them lasted just two weeks and had to fire him for various reasons.
His local authority have sent me two Attachment of Earnings Orders. Both were made / applied to the period during which he was employed by us but were received by us two weeks after him leaving and his final wages having been paid.
I informed them of this but they have come back and said that because the order was made during his period of employment with us, we are required to make the payments and recover the amount from him!!.... so we are effectively an unpaid debt collector for the local authority.
The amount isn't a lot (under £250) - but surely this cannot be right?
His local authority have sent me two Attachment of Earnings Orders. Both were made / applied to the period during which he was employed by us but were received by us two weeks after him leaving and his final wages having been paid.
I informed them of this but they have come back and said that because the order was made during his period of employment with us, we are required to make the payments and recover the amount from him!!.... so we are effectively an unpaid debt collector for the local authority.
The amount isn't a lot (under £250) - but surely this cannot be right?
StevieBee said:
Had a team employed on a fixed term contract. One of them lasted just two weeks and had to fire him for various reasons.
His local authority have sent me two Attachment of Earnings Orders. Both were made / applied to the period during which he was employed by us but were received by us two weeks after him leaving and his final wages having been paid.
I informed them of this but they have come back and said that because the order was made during his period of employment with us, we are required to make the payments and recover the amount from him!!.... so we are effectively an unpaid debt collector for the local authority.
The amount isn't a lot (under £250) - but surely this cannot be right?
I’ve done loads of these, and yes you do feel like an unpaid debt collector.His local authority have sent me two Attachment of Earnings Orders. Both were made / applied to the period during which he was employed by us but were received by us two weeks after him leaving and his final wages having been paid.
I informed them of this but they have come back and said that because the order was made during his period of employment with us, we are required to make the payments and recover the amount from him!!.... so we are effectively an unpaid debt collector for the local authority.
The amount isn't a lot (under £250) - but surely this cannot be right?
What is the date of the letter sent to you? Is it after the last pay date of the employee?
Either way it doesn’t sound right to enforce the AoEO after the employee has left your employment. Whenever I have spoken with our local authority they have been quite helpful with debt recovery issues.
I would call them again and speak to a different person. In simple terms explain you don’t have any way of contacting them. Why would you.
Thanks all.
So, a case of computer says no - but thankfully common sense prevails and we're no longer liable.
The order was made during the time they were employed by us but we received the AoEO after they had left. Apparently they send these to the employers one week before the month end so they can catch the next payroll. But as I pointed out and as applies to us in this case, there are still employers who pay a weekly wage.
So, a case of computer says no - but thankfully common sense prevails and we're no longer liable.
The order was made during the time they were employed by us but we received the AoEO after they had left. Apparently they send these to the employers one week before the month end so they can catch the next payroll. But as I pointed out and as applies to us in this case, there are still employers who pay a weekly wage.
22s said:
Benny Saltstein said:
We had similar in the old days of the CSA. Even had bailiffs turn up. Yes, its bulls
t.
That's mental. How did you resolve it with the bailiffs?!t.However, I wished I knew what I know now back then. An attachment of earning (by the CSA at least) has to be agreed between the employer and employee.
Failure to do so, it a breach of employment law.
However, once it's in place, you have effectively waived your rights to not having it put in place.
With regards to the CSA Bailiffs, you just don't let them on the premises. Put a note on the door saying that if they enter they are trespassing and the police will be called.
You can't stop high court bailiffs though.
Geoffcapes said:
I had something similar with the CSA.
However, I wished I knew what I know now back then. An attachment of earning (by the CSA at least) has to be agreed between the employer and employee.
Failure to do so, it a breach of employment law.
However, once it's in place, you have effectively waived your rights to not having it put in place.
With regards to the CSA Bailiffs, you just don't let them on the premises. Put a note on the door saying that if they enter they are trespassing and the police will be called.
You can't stop high court bailiffs though.
That is not correct. An Attachment of Earnings Order is issued by the courts. However, I wished I knew what I know now back then. An attachment of earning (by the CSA at least) has to be agreed between the employer and employee.
Failure to do so, it a breach of employment law.
However, once it's in place, you have effectively waived your rights to not having it put in place.
With regards to the CSA Bailiffs, you just don't let them on the premises. Put a note on the door saying that if they enter they are trespassing and the police will be called.
You can't stop high court bailiffs though.
Ordinarily, deductions from wages need to be authorised by the employment contract. However, a court-ordered deduction is specifically one of the exceptions: GOV.UK confirms deductions can lawfully be made where “the court has told your employer to take debt payments.”
You may be referring to some other order that is specific to CSA payments, but AoEO have legally bound duties for an employer.
Ham_and_Jam said:
Geoffcapes said:
I had something similar with the CSA.
However, I wished I knew what I know now back then. An attachment of earning (by the CSA at least) has to be agreed between the employer and employee.
Failure to do so, it a breach of employment law.
However, once it's in place, you have effectively waived your rights to not having it put in place.
With regards to the CSA Bailiffs, you just don't let them on the premises. Put a note on the door saying that if they enter they are trespassing and the police will be called.
You can't stop high court bailiffs though.
That is not correct. An Attachment of Earnings Order is issued by the courts. However, I wished I knew what I know now back then. An attachment of earning (by the CSA at least) has to be agreed between the employer and employee.
Failure to do so, it a breach of employment law.
However, once it's in place, you have effectively waived your rights to not having it put in place.
With regards to the CSA Bailiffs, you just don't let them on the premises. Put a note on the door saying that if they enter they are trespassing and the police will be called.
You can't stop high court bailiffs though.
Ordinarily, deductions from wages need to be authorised by the employment contract. However, a court-ordered deduction is specifically one of the exceptions: GOV.UK confirms deductions can lawfully be made where the court has told your employer to take debt payments.
You may be referring to some other order that is specific to CSA payments, but AoEO have legally bound duties for an employer.
The common mistake is that CSA/CMS attachment of earnings are issued by the courts. They're not. They're on paper which is an exact copy of a court order, except it is not stamped by the clerk of the court, and therefore not legally binding.
This is clearly deception, however, very few people know this. And, if you do not know this you assume it's legal. But, should you not question the first deduction, it is assumed that you are happy for the deductions to continue (as opposed to thinking there's nothing you can do about them).
I've often thought that the first thing I would do if I won the Euro millions is sue my former employer for breach of contract.
However, my numbers have yet to come up. (£4.80 I won the other week doesn't cover it!).
The bottom line is that the CSA/CMS are not a legal body and cannot issue such orders (the courts have more than enough on their hands) as it would clog up every court in the land all day every day stamping their court orders.
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