Unlawful Deduction of Wages & Unpaid Wages

We should all be paid fairly for the work we do. As such, the law protects us from unlawful deductions from our pay and aims to ensure we are paid.

The law protects wages and other payments due to people who work under a contract of services. This includes salaries, holiday pay, bonuses, statutory sick pay or maternity, paternity or adoption pay.

There are only a limited number of circumstances when a deduction from your wages will be regarded as lawful.

Under UK employment law, we have the right not to have unauthorised deductions taken from our wages. If an employer fails to pay the money owed to you, or takes money from your pay, then you may be able to bring a claim in a tribunal or court.

Unlawful Deductions & Failure to Pay Wages legal advice Manchester

A deduction from your wages or payment taken you will be unlawful unless it meets one of the following conditions:

  • The deduction or payment was authorised by your employment contract
  • The deduction is required by legislation, such as for national insurance contributions or income tax or
  • You consented to the deduction in writing before it was made.
  • Employers are also lawfully allowed to recover overpaid wages. However, if the deduction falls out with any of the exceptions above, it is likely to be unlawful.

    You can make a claim for unlawful deduction of wages in an employment tribunal or a claim for breach of contract can be made in a court. When you contact Aly & Hulme’s expert employment lawyers, we will advise on the best course of action.

    Unlawful Deduction from Wages – is there a time limit?

    In short, yes. The time limit for bringing a claim is either:

  • Three months after the wages were due or
  • Three months after employment has been terminated
  • Our employment law experts can help you recover wages that haven’t been paid by your employer. We also provide advice for employers on the lawful deductions that can be taken. For more information, please contact us today.

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