adverse inference and wage proof

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  • #23191
    joolymoog
    Participant

    This might be a silly question, but here goes… when someone starts a new job, do we have to wait until they provide all the required payslips or can we make an adverse inference decision using say, the first three weekly payslips or their contract of employment as proof? if we do this, should we still chase the rest of the payslips or leave it to the customer to pull us up on it if not accurate ❓ ?

    #11408
    Anonymous
    Guest

    Why would you want to make an Adverse Inference decision? We would make a payment on account based on what we’ve got, then chase the remaining payslips, with potential suspension if they are not provided.

    An Adverse Inference decision would mean that you assumed the future wage slips would be too high to qualify for any benefit….

    #11409
    Kevin D
    Participant

    Where the clmt has worked for a period of less than five weeks (or two months), then [b:dfb81710bd]HBR 29(2)[/b:dfb81710bd] applies. There is no need to draw inferences in this scenario.

    new.hbinfo.org.com/menu2/hbregs06/029_06.shtml

    As an aside, “adverse inference” is not an alternative for making payment on account by the back door, nor for making “interim” decisions (for which there is no legal basis).

    Hope the above helps.

    #11410
    joolymoog
    Participant

    thanks for that.

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