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Under certain circumstances deductions from your wages may be lawful This posts examines when an employer is permitted to make deductions from your wages and when they are not. Your employer may be permitted to deduct the following from your wages:
• A previous overpayment of wages
• A previous overpayment of any expenses
• Any amounts that are due to be deducted under a statutory duty, such as child maintenance payments or arrest of wages • Any money deducted from your pay because you were not working whilst taking strike action.
• Where an employment tribunal or court has ordered that the employee must pay money to the employer
• Any amount that must be paid to a third person provided for in your employment contract of employment which you have signed or consented to in writing. This could be things such as a pension scheme, salary sacrifice or childcare vouchers.
Even if you have not signed anything that expressly authorises a deduction from your wages, it may still be permitted under the law. You should carefully check or have your solicitor check your contract of employment to find out whether certain deductions are lawful, or which deductions your employer is entitled to take from your wages.
Wages in terms of the right not to have any unlawful deductions made, includes any sums that are payable in connection with your employment. This includes
• Any fees earned, bonuses, commission and holiday pay whether contractually agreed or otherwise.
• Statutory sick pay • Statutory maternity, paternity or adoption pay or related rights to pay
• Any guarantee payment
• Any payment for time off under a statutory right
• Suspension of employment on medical grounds
• Sums that are payable under tribunal orders for re-instatement or re-engagement or under a protective award.
On the other hand, there are certain things that will not be regarded as wages for the purposes of unlawful deduction of wages claims. Wages do not include things such as loans or advance payment of wages, any payments of expenses, a pension payment in relation to retirement or loss of office or any other payment in this capacity, redundancy payments and payments made that are not connected to the employment relationship.
If you believe your employer has made an unlawful deduction from your wages, you should contact a specialist employment law solicitor to find out how to make your claim.
Whether you are an employee or an employer in need of advice in relation to a wage loss claim or any other employment law issue in Edinburgh, Scotland, Employment Law Edinburgh's team of specialist Employment solicitors can help. To get in touch, you can either call us on 0131 516 7728 or complete our enquiry form.