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Home / Areas of Practice / Employment Law
/ Unlawful deductions from wages

Unlawful deductions from wages

It might seem obvious what counts as your wages. The definition provided by s.27 the Employment Rights Act 1996 means any sums payable to the worker in connection with his employment, including salary, holiday pay, bonuses or commission as part of their contract.

Deductions from your wages without your agreement

Your employer is allowed by law to deduct from your wages items such as – income tax, national insurance deductions, and student loan repayments.

For other deductions you must give your employer authorisation in writing, or your employment contract allows it.

There are exemptions to these rules, an example being if you are overpaid and your employer wishes to recover the over payment.

Unlawful deductions from wages include:

Unpaid wages

Unpaid bonuses

Unpaid, or underpayment, of commission

Unpaid or un-taken holiday pay

If you believe you have unlawful deductions from your wages we suggest you firstly raise a grievance with your employer and try to negotiate payment. If this fails contact us on 01286 872779 and we will firstly write to your employer and if that fails we can take your claim to the Employment Tribunal.

There are special rules for retail workers and till loses and stock deficiencies; Your employer can recover the loses from your wages but only at a rate of 10% of your gross wage per pay period.

Contact Winrow Solicitors

Call now and get free initial advice and answers to your employment law questions:

Ian Winrow:
01286 872779 [North Wales]
 
John Olsson:
01938 811192 [Mid Wales]
 
Amy Hughes:
07497 777828 [North Wales]


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