Unlawful deduction from wages

An employer is not lawfully permitted to make any deductions from an employees wages (other than those authorised by statute e.g. tax and NI) unless they have the contractual right to do so.

Even if damage has been caused to the employer's property/stock by carelessness or negligence, the employer cannot recover the cost of repair or replacement via deductions from employee wages unless they have the contractual right to do so.

If money has been deducted from your wages and you wish to speak to a solicitor about your circumstances, call Clough & Willis today for a no obligation chat.  Our team has handled cases across the North West and are happy to help.

Contact us by calling 0800 083 0815, or fill out an online enquiry form and we will get back to you at a more convenient time.

An Employer's Responsibility

An employer is also required to act reasonably in terms of the deductions made. As such the amount deducted per pay period should be reasonable with respect to the employee's earnings. The employer is not entitled to deduct the whole of the wage for that pay period.

An employee must be given reasonable notice that the deduction is to occur, when it is to occur and why. Should the employee dispute either the reason for the deduction or the right of the employer to make the deduction it could lead to a grievance against the employer.

A claim to the Employment Tribunal can be made that an employer has made an unlawful deduction from wages whilst an employee remains in employment.  An employee does not have to resign and then bring a claim. If an employer dismisses the employee for bringing such a claim, the dismissal is highly likely to be deemed unfair.

Get in Touch

To make an appointment, or to simply discuss your case, contact Clough & Willis on 0800 083 0815, or complete an online enquiry form and we will get back to you.

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