Unlawful Deduction of Wages Edinburgh
An unlawful deduction of wages is when the employer makes a deduction from an employee's wage when they have no legal basis to do so. Employees who have suffered an unlawful deduction of wages can make a claim in the Employment Tribunal to recover the sums they are owed.
If your employer owes you wages, or you have suffered unauthorised deductions from your pay, we can help. Our solicitors are experienced in helping employees recover arrears of wages and unlawful deductions from wages, and can help you get the money owed to you. There are strict time limits for bringing a claim to it is important that you seek legal advice as soon as possible. Contact Employment Law Edinburgh today by calling 0131 322 1032 or complete our online enquiry form and we will get back to you without delay.
What deductions can an employer make?
The mechanisms through which employers can deduct sums from an employee's salary are limited. Generally speaking, being an employee means that the employer will be responsible for making the necessary tax and national insurance deductions before their staff are issued with their monthly salary. The details of these deductions should be set down in employee's payslips.
What deductions are unlawful?
Sometimes in the employment context, an employee may encounter a situation when they see a loss of wages that is beyond the normal deductions of tax and national insurance. Understandably if you are the employee who discovers a discrepancy in your payslip, you may be wary of approaching your employer about it. However, it is advisable for such discrepancies to be addressed at the earliest opportunity.
However, if the discrepancy cannot be explained, you may have suffered an unlawful deduction of wages. You may be able to bring a successful claim at an Employment Tribunal where you can prove:
- That you are a worker or that you were a worker as the time of the deduction or unpaid wages. Those who are self-employed cannot bring a claim.
- The sum owed can legally be claimed in an Employment Tribunal. This means is must be related to work, so it may not be a personal debt owed to you by your employer.
- You are entitled to the sums you are claiming. You must prove that you worked the hours in question and that your employer did not pay you for them. You may also bring a claim where your employer prevented you from working.
- Your employer had no right under the law to make deductions from your pay or to withhold your pay.
What can be claimed for?
Employees and workers can only make claims for sums payable to them in the course of their employment. This includes, but is not limited to:
- Holiday pay, bonus pay and comission;
- Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Paternal Pay and Statutory Adoption Pay;
- Garden leave pay.
Unlawful deduction claim in the Employment Tribunal
If you have suffered an unlawful deduction from your wage, the first step is usually to flag it to your employer as it may have been an honest mistake. However, if you are unable to recover the sums you are owed, you can bring an Employment Tribunal claim to get the money from your employer.
It is important to note that the Employment Tribunal has extremely strict time limits and the deadlines can only be extended in very limited circumstances. It is advisable to take advice at the earliest opportunity to prevent your claim from time barring.
Contact Employment Law Edinburgh Today
The employment team at Employment Law Edinburgh are experts in the field, and are routinely involved in wage loss claims, and will be happy to advise you on how to deal with the situation. If you are concerned about a loss in wages, contact us today on 0131 322 1032 or complete our online enquiry form.