deductions from wages

[lochnettie80]

does anyone know whether it is legal or illegal for an emplyer to make deductions from wages without giving notice.

 

my partner was due to be paid on the 28th of the month but wasnt paid till the 29th when his pay slip came his employer had deducted £220 for an item of plant that had been stolen from his work van.

[andie_303]

yes i believe they have to make the person aware - and why would you husband be liable for that anyway?

[andie_303]

EMPLOYMENT RIGHTS ACT 1996 Part II (ss.13-27) and s.230(3)

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BASIC POSITION

The main effect of Employment Rights Act 1996 Part II (ERA 1996 s.13 to ERA 1996 s.27) is to make it unlawful for an employer to make any deduction from the wages of a worker employed by him unless the worker has agreed in writing to the deduction being made or it is required by law (eg deductions for PAYE and national insurance).

If an employer reduces or fails to pay wages without agreement in writing this amounts to an unlawful deduction from wages even if the employee owes money to the employer. In other words, the employer is not entitled to take the law into his own hands. Thus if, for example, an employee does not return property belonging to the employer after being dismissed, perhaps a computer or some safety clothing, the employer is not entitled to deduct the value from the final wages payment due unless the employee has agreed in writing that this can be done.

"Wages" includes any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise (ERA 1996 s.27 and see notes at Deductions from wages etc/meaning of ''wages'' ).

The rules do not of course remove an employer's right to recover money properly due to him from an employee (eg typically to recover an overpayment of expenses or wages). What they do mean is that, save in a few special cases, the employer is not allowed to recover the money by taking the law into his own hands and deducting it from future wages without consent of the employee (see Deductions from wages etc/deductions from wages, salary or pay/general rule (basic position) )

 

Hope this helps

[andie_303]

I guess it all depends if there is anything in your husbands contract about it and if he signed it.

[lochnettie80]

I guess it all depends if there is anything in your husbands contract about it and if he signed it.

 

 

in his hand book that runs in conjuction with his contract it say that any loss of equipment by result of negligence will make the employee fully or partly to pay for the loss

 

if he fails to pay it will be deducted from his wages.

 

surley if he has to fail to pay he must be told that he has to pay for loss in the first place

[andie_303]

does it say anywhere he would have signed that this would be deducted?

 

i.e. do you have to sign the handbook or anything?

 

I gather from the above unless he has signed to say he accepts its an unlawful deduction.

 

So if it's just written in the book and there is no signing section it is still unlawful.

 

And how do they quantify who is fully or partially liable?

[lochnettie80]

does it say anywhere he would have signed that this would be deducted?

 

i.e. do you have to sign the handbook or anything?

 

I gather from the above unless he has signed to say he accepts its an unlawful deduction.

 

So if it's just written in the book and there is no signing section it is still unlawful.

 

And how do they quantify who is fully or partially liable?

 

all he has signed is his contract

 

as for who is liable and who is not i dont know because other members of staff have had the same plant equipment stolen and not been charged for it

[andie_303]

then too me that sets a precedent - if they haven't charged others but want to charge your hubby that is wrong.

 

And if there is nothing in the contract about this deduction it is unlawful.

 

I would write to them in the first instance outlining the employment rights act as above and that you feel he is being unfairly treated as other employees have not had deductions in the same circumstances.

 

Ask for the money to be repaid immediately.

[lochnettie80]

thanks for advice andie

he has now spoken to union rep who has told him to start greivence procedures as there are other things thatneed to be addresssed

 

do u know where i can get a template of a letter neither of us are very good at writing letters

[mariefab]

I'd suggest that you follow andie's excellent advice, with one small alteration.

 

He should speak informally to his employer first saying that he feels that he is being unfairly treated as other employees have not had deductions in the same circumstances.

 

Ask for the money to be repaid immediately.

 

If that doesn't work then send a grievance letter.

 

I'd keep it simple and just put:

 

Grievance.

 

Date.

Dear (line manager)

 

I believe that the deduction of £220 from my wages paid on 29.07.09 may constitute an unlawful deduction from wages as described in the Employment Rights Act 1996 Part II(ss.13-27) and s.230(3).

 

I request a formal grievance meeting to discuss and hopefully resolve this matter.

 

Yours etc.

 

It might be a good idea to deal with the other issues separately. It depends on when they arose. See link below.

 

Raising a grievance : Directgov - Employment

[lochnettie80]

hi just an update

 

my partner put his letter of grievence in on monday and was told he had been told and that his boss was with-in his rights to deduct pay for the item stolen

 

so my partner said he wasn't happy with the out come as he had not been asked or written to about this deduction and asked for a meeting with his union rep and the boss and supervisor

it was arranged for mondoy

 

then yesterday he was suspened for a health and safety breach.

he was told the poeple that employ them as subcontractors want him off the contract.

 

dont know what he should do now

it seems to me that they just trying to get rid of him now that he raised the greivance

 

can anyone suggest anything?