Unauthorised deductions from pay for a mistake??

Aaronjhall

Hi guys.

I recently made an oversight (long story, may not even be my fault but difficult to prove otherwise) at work which has resulted in a client refusing to pay for the works carried out.

I was told in a meeting yesterday that I am likely to have to pay for the shortfall out of my wages. Is this allowed?? I can't find a clear cut answer anywhere else online. Obviously this hasn't happened yet but I want to be prepared for if and when it does.

Thanks for looking and if you need any more information, I'll be happy to give it to you.

Darksparkle

Have you looked at your contract? Or employee handbook or wherever your employers guidance on pay is kept?

agrinnall

How long have you worked there?

What sort of sum are you talking about?

How does that sum compare with your pay?

jobbingmusician

Does this help at all? http://www.acas.org.uk/index.aspx?articleid=4125

getmore4less

the legislation might be a useful start.

http://www.legislation.gov.uk/ukpga/1996/18/section/13

Key being must be in the contract or have a signed agreement for this type of deduction.

Majestic12

If there is no provision for a deduction in your contract, it cannot be made.

Credit-Crunched

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

Xbigman

Would it take you below national minimum wage?




Darren

Aaronjhall

Thanks for responding. I've looked through my contract and and I can find that remotely applies is about disciplinary action. "Refer to company policy and procedure on disciplinary action" of which I don't have a copy. Which is frustrating.

Aaronjhall

agrinnall wrote: »

How long have you worked there?

What sort of sum are you talking about?

How does that sum compare with your pay?

I have worked here for almost 5 years.

I'm not sure on the sum but I would imagine between £500-£800

Gross pay is approx £2800 per month

jobbingmusician

When the law talks about a disciplinary, it refers to a formal disciplinary procedure, not just someone making a mistake. I'm not an expert, but this is the best link I have found so far

http://www.inbrief.co.uk/employees/deductions-from-wages/