Does your employer owe you wages?
An employer is only allowed to deduct money from your wages for certain reasons and with the right permissions. If you feel that your employer is unfairly withholding payment of the money you are owed, or has unfairly deducted amounts from your pay, you can apply to have this paid to you.
What are the rules around employers making deductions from wages?
Your employer cannot make any deduction from your wages unless:
- the deduction is required or authorized to be made due to a statutory provision or a relevant provision of your contract
- you have previously signified in writing your agreement or consent to the deduction.
This does not apply if the reduction relates to:
An overpayment of wages
An overpayment of work expenses
In other words, your employer is allowed to reclaim the money overpaid in these circumstances.
Your employer is also allowed to deduct money from your wages in relation to:
- Disciplinary proceedings that were held because of a statutory provision
- A statutory provision for the employer to deduct and pay money owed to a public authority, for example, student loan repayments
- Your participation in a strike or other action
- Your prior agreement or consent in writing in relation to a court or tribunal ordering it, for example, an attachment of earnings order
And these amounts can be paid to a third person to whom they are owed if the right agreements are in place.
Your employer is not entitled to receive a payment from you in your capacity as a worker or employee.
The definition of wages is broad and includes:
- Any fee, bonus, commission, holiday pay, or any other amount under your contract of employment
- Statutory sick pay
- Statutory maternity pay
- Statutory paternity pay or additional statutory paternity pay
- Statutory adoption pay
- A guaranteed payment
- Any payment for time off under Part VI of the Employment Rights Act 1996 or section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Remuneration on suspension on medical grounds and remuneration on suspension on maternity grounds (sections 64 and 68 of the Employment Rights Act 1996)
- Remuneration on ending the supply of an agency worker on maternity grounds
- Any sum payable relating to an order for reinstatement or re-engagement by an employment tribunal
- Any sum payable by order of an Employment Tribunal for the continuation of a contract of employment under section 130 of the Employment Rights Act 1996 or section 164 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Remuneration under a protective award under the Employment Rights Act 1996, section 189
How ELS Solicitors can help
Our experienced employment law solicitors can look at your rights and circumstances relating to remuneration. They can advise you on whether you can claim money that you feel has been unfairly withheld from you. We can help you through the process to ensure you get what you are entitled to.