Employment Lawyers Can Answer Your Employment Law Questions
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Did you have this time for breaks?
Also, how long have you worked for this employer for?
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Many thanks for your patience. First of all you are legally entitled to receive an itemised pay slip at or before the time you are paid. This is a right under the Employment Rights Act 1996.
Secondly, there is no legal requirement for the employer to deduct 15 or 30 mins as they claim. What they may be referring to is the legal breaks you are entitled to, which are a minimum of 20 minutes for every 6 hours of work. They do not have to pay you for these, so assuming that you are allowed to take these breaks, they can indeed deduct them from your hours as they are not legally paid. However, if you do not get the chance to take these breaks you can certainly state that you should not have anything deducted and if they wanted to deduct that time they must ensure you have the chance to take your breaks. So if they continue deducting money like this you start taking your breaks whether you would normally have the chance to or not.
If you are not allowed to take the breaks but they continue taking these times off, you can argue that the employer is guilty of unlawful deduction of wages and can pursue them to recover what was unfairly taken off by them.
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Thank you. As mentioned, this potentially amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.
To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. Before making the claim ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.