Advice for wages deducted.

mr.savage

dro wrote: »

Before you criticize people for giving incorrect information, perhaps you should check that you are not doing the same thing. There are other instances where it is legal for an employer to deduct from wage; for instance recovery of a previous overpayment of wages.

I think the issue in this example is whether the memo specifically said that the cost of repairs to company vehicles and for putting right mistakes could be deducted from wages and whether the memo could form part of the contract of employment.

I would suggest that your best course of action would be to give ACAS a call or speak to an employment lawyer for advice.

and before you criticize others, had you read the info in the link i gave , you would see that it includes overpayments.and even then the employee can contest this.
as I said , I stand corrected about the original info i gave, so for the OP's benefit and those who want to jump in with one liners, here is the info:

Rules for making deductions from your pay

Your employer is not allowed to make a deduction from your pay or wages unless:

• it is required or allowed by law, for example National Insurance, income tax or student loan repayments
• you agree in writing to a deduction
• your contract of employment says they can
• it is a result of any statutory disciplinary proceedings
• there is a statutory payment due to a public authority
• you have not worked due to taking part in a strike or industrial action
• it is to recover an earlier overpayment of wages or expenses
• it is a result of a court order or Employment Tribunal decision

A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.
If you were overpaid in error, instead of making a deduction, your employer may try to recover the overpayment by making an application for a court order. For more information about how and when you might be able to prevent your employer from taking back an overpayment, you should speak to one of the following:

• a solicitor
• an Acas (Advisory, Conciliation and Arbitration Service) adviser
• a Citizens Advice Bureau adviser

mr.savage

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

You are protected against your employer making deductions from either your pay or wages. If your employer makes a deduction from something that does not count as your pay or wage (for example from your redundancy payment) you are not protected. However you may be able to make a claim for breach of contract if you are entitled to the payment under your employment contract.

Before making any deductions, your employer must tell you in writing the full amount you owe and make a demand for the payment. This must also be in writing.

dro

mr.savage wrote: »

and before you criticize others, had you read the info in the link i gave

No, you posted it whilst I was typing my reply. Sorry, must learn to type faster. In my opinion your original post deserved criticism.

aj2703

Oldernotwiser wrote: »

Perhaps most people are more honest than you are?

Shhhhh be quiet....... if you read down you'd find i have given other advice....

mr.savage

dro wrote: »

No, you posted it whilst I was typing my reply. Sorry, must learn to type faster. In my opinion your original post deserved criticism.

I don't disagree with you on that. I have already said I stand corrected in 2 subsequent posts.
But as you will see, in my further posts I gave a link to all the correct info, then put it here for all to see anyway.
It's an open forum, you are entitled to your opinion.