Unlawful deductions from wages

What is an unlawful deduction?

This is when an employer takes wages from their employee without agreement, or statutory authorisation. Agreement can be contractual, or obtained just before the deduction is to take place.

What shall I do about a deduction that I did not agree to?

You should raise a formal grievance with your employer, specifying the period when you believe the deductions have taken place. Your employer must then invite you to a meeting to attempt to resolve the issue. If this is not successful then you can proceed to an Employment Tribunal. You should note that claims must be brought within three months of the last deduction.

I am paid monthly. This month my wages have not gone into my account. Am I able to resign and claim I was constructively dismissed?

Technically speaking a failure to pay wages would be in breach of contract and as such an unlawful deduction. However, this one-off breach in itself is not enough for you to be able to resign from your employment. You should follow the process outlined above.

If a worker does not attend work without permission, do they have the right to be paid for that day?

Not unless the employer agrees to make payment, or allows the individual to take that day as holiday. Absences without prior permission are unauthorised, even if, for example, it is the weather conditions preventing the individual from travelling to work.

I was late for work by 30 minutes. Should I still be paid?

There is no automatic right to receive wages when an employee does not arrive at the contractual start time (unless the contract states otherwise).

If an overpayment is made in wages, does it have to be repaid to the employer, or does it fairly belong to the individual?

An overpayment will still belong to the employer if it was paid in error. However, if the individual is paid too much for a long period of time they may be able to successfully argue that it belongs to them as custom and practice has changed the earlier agreement of wages.