Unlawful deduction of wages

Claim

If you have not been paid what is due to you by your employer, you may have a claim for unlawful deduction from wages. A deduction will be unlawful if:

  • it is not required or authorised by statute or in your contract of employment or
  • you did not give your prior written consent before the deduction was made.

 

What are wages?

The following are examples of wages as defined in the relevant law, the Employment Rights Act 1996:

  • any salary, holiday pay, bonus or commission payable under your contract or otherwise
  • pay that you are entitled to under statute such as statutory sick pay, statutory maternity, paternity, adoption and shared parental pay

There are also numerous other payments which are covered by the law but they are less common.

 

Exclusions

There are certain exclusions from the definition of wages, including any overpayment of wages or expenses, amongst others.

 

If you would like to discuss this please contact our Employment Solicitor, Julia Woodhouse on 024 7653 1532 or email Julia.Woodhouse@bttj.com.

Our solicitors work across the whole of the Coventry and Warwickshire region including Rugby, Nuneaton, Bedworth, Leamington Spa, Kenilworth, Warwick, Atherstone and Balsall Common as well as further afield.

 

The above is not intended to provide advice.