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If an employer withholds wages in one of the ways listed below an unlawful deduction may have occurred and a claim can be submitted to the Tribunal within 3 months of that deduction:
Employer has not paid your agreed salary.
Employer has not paid you at all (this is called a 100% deduction from wages).
Employer has paid you late.
Employer has not paid you regularly.
Employer has not paid you the agreed bonus or commission payments.
Employer has not paid you holiday pay, statutory maternity pay, statutory paternity pay or sick pay.
Employer has not included Working Tax Credit.
Employer has made other deductions from your pay.
An employer is allowed to deduct the following from an employee's wages; all deductions must be itemised on the pay slip:
tax and national insurance contributions,
repayment of student loans,
deductions following a court order,
deductions you have agreed to with your employer,
other deductions that you have given for (e.g. trade union subscriptions).
If an employee is a retail worker, which involves taking money from customers in exchange for goods or services, there are certain circumstances where the employer is allowed to make deductions. If there is a cash shortage or missing stock an employer is allowed to deduct this from an employee's wages. The employer must make the deduction within a year of the loss, and must explain the reasons for the deduction to the employee in writing. The deduction cannot be more than 10% of the employee's gross pay.
A Tribunal can order that the employer either makes full repayment of the deduction or repay any excess deduction. The Tribunal cannot award any compensation or additional payment.
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