The only deductions that are permitted without agreement in writing are those that are required legally, for example deductions for tax and NI at source and overpayments of wages.
This will be the case even if the employee owes the employer money.
What to do if an employer makes a deduction without your agreement
If an employer makes a deduction that is not agreed by the employee, you will be able to pursue the employer in either in the employment tribunal for unlawful deductions from wages, and/or breach of contract. In the case of the latter, an employee could bring a claim in the civil courts for breach of contract.
Bonus claims can also be particularly valuable to an employee and require a very careful analysis of the provisions that have been agreed between employer and employee. Often, an employer will state that a bonus is completely discretionary and non contractual, however this may not be the case if the bonus is paid regularly and/or based on measurable factors or goals.
In the employment tribunal, the employee will have three months less a day from the last deduction of wages.
Here to help
Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.
Specialist settlement agreement solicitors
Instead of bringing a claim in the employment tribunal or court, you could also consider trying to negotiate a settlement agreement with your employer. We have a wealth of experience in successfully negotiating settlement agreements.
Get in touch with an expert member of our Employment Law team today for more advice and guidance on what to do if you’ve been unpaid, underpaid, or have had unauthorised deductions made to your wages.
About Ellis Jones
The Ellis Jones team prioritises putting people first and specialise in providing our clients with a personal experience which makes stressful and worrying times that little bit easier.
Learn MoreAbout Ellis Jones
The Ellis Jones team prioritises putting people first and specialise in providing our clients with a personal experience which makes stressful and worrying times that little bit easier.
Learn MoreLatest Employment Law News and Insights
Employment law changes expected within 100 days
Read MoreOur Employment Solicitors