Unlawful Deduction of Wages
The law protects workers’ wages, which includes salary, holiday pay, bonuses and statutory sick pay or maternity, paternity or adoption pay. There are only a limited number of circumstances when a deduction will be lawful.
Workers have the right to not have unauthorised deductions taken from their wages. If an employer fails to pay the money owed to, or takes money from, a worker, a claim may be brought against them in an employment tribunal or a court.
Unlawful Deductions & Failure to Pay Wages
A deduction from wages or payment taken from a worker will be unlawful unless it meets one of the following conditions:
- The deduction or payment was authorised by the employment contract;
- The deduction is required by legislation, such as for national insurance contributions or income tax; or,
- The worker consented to the deduction in writing before it was made.
It is also possible for employers to lawfully recover overpayments of wages. However, if the deduction does not fall under any of these exceptions, it is likely to be unlawful.
A claim for unlawful deduction of wages can be taken to an employment tribunal or a claim for breach of contract can be made in a civil court. The time limit for bringing a claim is either three months after the wages were due to be paid, or three months after termination of employment, depending on where you bring your claim.
Our employment law experts can help workers recover wages that haven’t been paid by their employer. We also provide advice for employers on the lawful deductions that can be taken. For more information, please contact us.
Claiming Back Unlawful Deductions Solicitors from Wages in Edinburgh
If your employer has failed to pay you your wages or has reduced the amount they pay to you unlawfully, you may be able to make a claim. For clear advice and assistance about Employment Law, contact our expert team at BBM Solicitors by calling us in Edinburgh 0131 526 3280, Wick 01955 698118 or by filling out our enquiry form.