Why Use Us?

At Stonehewer Moss Solicitors we offer legal advice on employment law for employees, take legal action against individuals and companies for clients and handle accident claims for those involved in a non-fault accident.

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We don’t do conveyancing, family law isn’t our thing and if you’ve just been arrested it’s also likely you’ll need to speak to another law firm.

Unlawful Deduction Of Wages

Employees and workers are protected from employers making unauthorised deductions from their pay. Employers can only make a deduction in specific situations and they must follow your employment contract terms.

Who is protected from unauthorised pay deductions?

  • Employees
  • Workers
  • Apprentices
  • People working under a contract for services
  • Crown servants
  • People working onboard a ship registered in the UK (unless you work mainly outside Great Britain (GB), are not ordinarily a resident in GB or are employed under merchant shipping laws)

Rules for making deductions from your pay

Your employer is not allowed to make deductions from your pay or wages unless:

  • It is required or allowed by law, for example National Insurance, income tax or student loan repayment
  • You agree in writing to a deduction
  • Your contract of employment says they can
  • It is a result of any statutory disciplinary proceedings
  • There is a statutory payment due to a public authority
  • You have not worked due to taking part in a strike or industrial action
  • It is to recover an earlier overpayment of wages or expenses
  • It is a result of a court order or Employment Tribunal decision

If you were overpaid by mistake, rather than making a deduction, your employer may try to recover the overpayment by applying for a court order. If you want to prevent your employer from taking back an overpayment, you should speak to Stonehewer Moss Solicitors who will be able to advise you of your position. Remember the first consultation is free and on a ‘no-win, no fee’ basis.

Sarah Parr

Sarah Parr

Contact our specialist for this service

Email Email Sarah
Telephone 01606 87 22 00

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