Unlawful Deduction of Wages Solicitors

An employer can only withhold the payment of a worker’s wages, or make deductions from a worker’s wages, if:

• It is required or authorised by statute; or
• There is provision in the employment contract; and
• The worker gave prior written consent to the deduction

One example of a lawful deduction might be where a worker was previously overpaid, and their subsequent wages are reduced in order to settle the balance.

Unlawful deduction of wages and the law

This area of employment law is complex, as some payments are deemed to be ‘wages’ whereas others are not. At Aticus Law, we represent employers across England and Wales. We can explain the legalities in more detail, outlining when wages can be deducted – and when they cannot.

We appreciate that you need to protect your business’ bottom line. If a worker has received wages to which he/she is not entitled, then you will want to recover these losses. However, it is vital that you act in accordance with the law, or you could put your business at risk of legal action.

Has a worker made a claim?

If a worker does pursue a claim against you, contact us for legal support. We can explain what to do next. The best approach depends on the circumstances. We may recommend that you settle the claim out of court, negotiate or defend the claim at the employment tribunal.

Our employment law solicitors are highly experienced and deliver clear, practical legal advice. If you are an employer and need advice regarding the deduction of wages, we can help.