Unauthorised Wages Deduction

[ugly_bob]

Does my boss have any right to deduct money from our wages without informing us first (and even then can he do it)?
If the s**t wasn't hitting the fan for the whole economy I would have walked over this.
The reason why is not the issue here, just where I stand legally now. I could do with a bit of info before I see him about it next week.

Ta
Bob

[daffy654]

The reason why is actually an issue...for example: he could be deducting the wages to adhere to an attachment of earnings order from someone like the CSA. I don't think any of the helpful people on here will be able to answer without all the relevant facts.

[ugly_bob]

It's a disciplinary thing - nothing to do with any external agency or anything.
Just digging out my contract - pretty darn sure there's nothing in there concerning this type of thing

[buildersmate]

You mean you've been 'fined' over a disciplinary thing?
No, that's not on - unless there's something to say so in your contract (unlikely - though does happen in retail in relation to missing money from the till).

[factor-fiction]

Let us know what the contract says and how it relates to the issue. There are circumstances when a deduction could be valid if provided for in the contract as buildersmate says. Also deduction for lateness

[SLOUSCOT]

May not be in your contract but be in a staff handbook if your company has one - providing it states deductions make take place and reasons for it and you signed for receipt or it's covered in contract (ie: follow company handbook etc)

Deductions - replacement uniform, lateness, falsifying timekeeping - although this one you'd be sacked for!!!, replacement locker key, wage over payment - usually advised in letter form though (or at least verbally communicated)......few ideas.

Hope this as been of help to you - if you can elaborate on details a little, we can answer accuratley.

Hope you get it sorted either way.

[ugly_bob]

I guess the relevant sentence is :-

"The Company, at its absolute discretion, may deduct from any sums owed by it to from the employee any amounts which are due and owing by the employee to the company"

That is word for word, even the confusing bit int the middle.

That gives them the right to deduct any money I owe them. OK. Fair enough, but does it provide a vessel for them to fine us? Even if they say it's recouping costs for a balls up?

[Buenchico]

I doubt that the vague phrase "amounts which are due and owing by the employee to the company" has any legal validity unless you're provided with additional written information regarding as to exactly how monies might become 'due and owing'.

Read this
http://www.direct.gov.uk/en/Employment/Employe es/Pay/DG_10027228
then phone the ACAS helpline referred to on that page. (It can take ages to get through but it's worth the wait).

Chris

[ugly_bob]

I'm going to have to get a copy of thr company disciplinary procedure. It's only referenced in my contract and see if there's anything in there about it.

Thanks so far guys