Wage Loss Claims – Frequently Asked Questions

What is an unlawful deduction?

Wage loss, known as an ‘unlawful deduction from wages’  is where an employer deducts may from the employee’s wages without any statutory authorisation or agreement from the employee. Agreement from the employee may be obtained contractually or can be obtained from the employee just before the deduction is made. However, if the agreement is not obtained the deduction may be unlawful and the employee may be able to make a claim against their employer.

A deduction has been made from my wages that I did not agree to, what can I do? 

The first thing you should do is speak to your employer. They may be able to explain to you why the deduction has been made. However, if following this informal discussion you do not receive a satisfactory explanation you should raise a formal grievance with the employer. You should outline the period when you believe the deductions have taken place. After you have done this your employer should arrange a meeting to attempt to resolve the matter. If the matter cannot be solved through this grievance procedure you may then proceed to an Employment Tribunal. It is important to note that claims before an Employment Tribunal must be brought within three months of the last deduction.

My wages have not been paid this month. Can I resign and claim constructive dismissal at an Employment Tribunal? 

Failing to pay your wages is in breach of your employment contract and amounts to an unlawful deduction of wages. However, failure to pay wages as a one off incident will usually not be enough to justify resignation and a constructive dismissal claim. Before making the decision to resign, you should attempt to discuss the matter with your employer – there may be an explanation for this failure to pay wages.

If I fail to attend work without authorisation from my employer, do I have the right to be paid for that day? 

An employer is not legally required to pay an employee for unauthorised absences. An employer will only e obliged to pay the employee where the employer has agreed to make payment for that day despite the absence or allows the employee to take that day as a holiday. For example, where an employee was unable to make it to work that day because of weather conditions or being required to care for a sick child. It may also be the case that your contract of employment will give more detail on this matter. 

If I am late for work, should I still be paid?

Where an employee does not arrive at their contractual starting time, there is no automatic right to receive their wages for that time. Again, the contract of employment may give further information on lateness policy. 

If my employer had overpaid me, do I need to pay it back?

Where you employer has previously made an overpayment to you, they may deduct the overpayment from subsequent pay – this will not be unlawful. However, the deductions should be made reasonably. This may mean making the deductions over a set period of time and in instalments rather than all at once.

Contact Us – Wage Loss Glasgow

If you are an employee or employer looking for advice about wage loss or any other employment law matter, Employment Law Glasgow's specialist lawyers can help. To get in touch, please complete our online enquiry form.

 

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