What is an Unlawful Deductions from wages? Ask the Expert.
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What is an unlawful deduction
What is an unlawful deduction from wages?
If for any reason your employer has failed to pay you or even paid you less than you are entitled to, you may have a claim for unlawful deductions from wages.
The deductions from your pay will be unlawful if any of the following applies:
• it is not required or authorised by any legislation;
• it was not authorised as set out in your contract of employment;
• it was not consented to or agreed by yourself in writing before it was taken.
There are some limited exceptions where a deduction will be lawful, for example, you were previously overpaid.
Expert employment solicitor Paul Jackson answers some questions and explains the rules around unlawful deductions.
What is an unlawful deduction from wages?
It can be simply not paying money that is owed, it's very widely construed it includes bonus, commission, not being paid holiday pay, not being paid all of your salary or none of the salary being paid at a particular time, so it's any amount of money that isn't paid either in part or in full. Now deduction it sounds strange but deduction can include just not getting anything at all, that is a deduction.
What counts as ‘wages’ for the purpose of an unlawful deduction claim?
It's really any sums payable to a worker by the employer and it can include holiday pay, maternity pay, paternity pay, adoption pay, bonus, commission salary, any of those amounts that are actually owed not being paid, it’s pretty broad.
When an employer does not pay a bonus, can that be considered an unlawful deduction?
Not paying a bonus can be an unlawful deduction from wages. One of the key factors here is whether or not there's a reasonable expectation for the worker receiving it. If it's very much a discretionary thing and the employer has good reasons for choosing not to exercise their discretion for paying the worker, then that may not be covered it just depends on the circumstances. What I would say is if you've got a reasonable expectation for receiving your bonus and don't receive it, check with a lawyer, solicitor because it may well be that that's an unlawful deduction from wages and there may be good ways in which you can get that money.
About Paul: https://castleassociates.org.uk/ask-t...
Join us: Facebook: Facebook: castleassociates
Twitter: Twitter: castleassociate
website: https://castleassociates.org.uk/
For free employment law advice call: 0800 028 4551
If for any reason your employer has failed to pay you or even paid you less than you are entitled to, you may have a claim for unlawful deductions from wages.
The deductions from your pay will be unlawful if any of the following applies:
• it is not required or authorised by any legislation;
• it was not authorised as set out in your contract of employment;
• it was not consented to or agreed by yourself in writing before it was taken.
There are some limited exceptions where a deduction will be lawful, for example, you were previously overpaid.
Expert employment solicitor Paul Jackson answers some questions and explains the rules around unlawful deductions.
What is an unlawful deduction from wages?
It can be simply not paying money that is owed, it's very widely construed it includes bonus, commission, not being paid holiday pay, not being paid all of your salary or none of the salary being paid at a particular time, so it's any amount of money that isn't paid either in part or in full. Now deduction it sounds strange but deduction can include just not getting anything at all, that is a deduction.
What counts as ‘wages’ for the purpose of an unlawful deduction claim?
It's really any sums payable to a worker by the employer and it can include holiday pay, maternity pay, paternity pay, adoption pay, bonus, commission salary, any of those amounts that are actually owed not being paid, it’s pretty broad.
When an employer does not pay a bonus, can that be considered an unlawful deduction?
Not paying a bonus can be an unlawful deduction from wages. One of the key factors here is whether or not there's a reasonable expectation for the worker receiving it. If it's very much a discretionary thing and the employer has good reasons for choosing not to exercise their discretion for paying the worker, then that may not be covered it just depends on the circumstances. What I would say is if you've got a reasonable expectation for receiving your bonus and don't receive it, check with a lawyer, solicitor because it may well be that that's an unlawful deduction from wages and there may be good ways in which you can get that money.
About Paul: https://castleassociates.org.uk/ask-t...
Join us: Facebook: Facebook: castleassociates
Twitter: Twitter: castleassociate
website: https://castleassociates.org.uk/
For free employment law advice call: 0800 028 4551
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