Wage deduction

Buzzard1985

Hi,

Left work- no week notice given.  The contract says a day wage will be deducted to cover the notice period.    So work a week- not paid as no notice given.

Criminal law- min wage would take precedence over a civil contract of employment? 

Comms69

The minimum wage is not criminal law. The contract clause is probably unenforceable. 

If they dont pay you, take to small claims court. Right a letter before action first, then submit via MCOL 

Buzzard1985

It's not regarding myself.   The fact it's illegal not to pay the NWM would suggest criminality attracting fines- makes it the realm of criminal law.
I think a report to HMRC of not paying the NWM due to deductions  I have not long read somebody done this.
Section 31 of the 1998 Act makes provision for criminal proceedings to be brought for a number of offences covering a range of misconduct. These are summarised below: Section Offence 31(1) Employer refuses or wilfully neglects to pay NMW
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/923118/national-minimum-wage-enforcement-policy-1-oct-2020.pdf

Comms69

Well pass on the relevant information to whoever it refers to. 

No-one is being prosecuted for this. So if this is an academic discussion, mark it as such.

Undervalued

Buzzard1985 said:

It's not regarding myself.   The fact it's illegal not to pay the NWM would suggest criminality attracting fines- makes it the realm of criminal law.
I think a report to HMRC of not paying the NWM due to deductions  I have not long read somebody done this.
Section 31 of the 1998 Act makes provision for criminal proceedings to be brought for a number of offences covering a range of misconduct. These are summarised below: Section Offence 31(1) Employer refuses or wilfully neglects to pay NMW
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/923118/national-minimum-wage-enforcement-policy-1-oct-2020.pdf

Highlighted is the difficult bit to prove, even in the unlikely event anybody could be bothered to prosecute! Accidentally or even negligently failing to do it is not a criminal offence. Yes, civil action could be taken to recover the money owed.

As Comms69 says, report it to HMRC by all means but whether they will actually investigate, let alone prosecute, is another matter. Realistically that is only going to happen if there is clear evidence of intent to do this on a significant scale.

Lomast

I think the nmw law has an exemption for final pay when deductions need to be taken 

TBagpuss

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay
This suggests it is legal. 
Deductions can be made it it is in your contract. Second section, this can take you below NMW f it is for something your contract says you re liable for - in this case, you are liable as your contract provides for you to have to pay your employer in lieu of notice if you breach the contract by failing to give the contractual notice period. 
I'd suggest that you check wit hACAS and have the wording or your contract to hand when you call them