Wages are what your employer pays you in connection with your employment (whether provided for in your contract or not) including:
hourly pay, or weekly pay or annual salaries,
overtime pay, shift pay, risk payments, bonuses, sales commission and performance related pay
contractual or statutory holiday pay
The following do not count as wages:
Your employer can only withhold your pay or make deductions from your wages other than:
An employer can also make deductions where:
Your employer cannot make a deduction which will reduce an employee's pay below the National Minimum Wage rate (except in the case of the accommodation offset). This is the case, even if you agreed to the deduction.
Your employer also cannot seek to gain your retrospective agreement to a deduction. A deduction will only be lawful if you agreed in writing to a deduction before your employer makes the deduction.
There are addition protections for deductions made from a shop-worker's pay.
If you are a shop-worker your employer can make deductions for cash shortages or missing stock, in addition to other legal deductions.
Your employer cannot deduct more than 10% of your gross pay on any one payday. They must also give you written details of the deduction on pay day. Any deduction for missing cash or stock must be made within 12 months of the employer discovering the shortage.
If you have not been paid properly you can make a complaint to an Employment Tribunal on the grounds that your employer has made an unlawful deduction from your wages.
Alternatively, your employer may be able to make a claim for breach of contract to an Employment Tribunal or a court. You should seek advice before making such a claim.
It is always a good idea to seek advice from your union rep or from the ACAS Helpline before taking steps to enforce your rights.
For more information please go to the section on enforcing your rights.
Case studies and projects (600 words) issued 21 Jul 2011
This page http://www.tuc.org.uk/workplace/tuc-19821-f0.cfm
printed 19 June 2013 at 10:30 hrs by 188.8.131.52