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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I had managers employed at a public house, they have consistently

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I had managers employed at a public house, they have consistently lost cash and stock. Finally resulting in being invited to a disciplinary hearing which they did not attend. I have held the disciplinary in their absence and they have been dismissed for gross misconduct. They left the pub with the keys inside with the float, taking and till. There were live in staff in the pub at the time which they had employed. Till till float was £50 short, the cash float was £246 short and the previous weeks takings were £75 short. When asked to explain they just said was nothing to do with them. In the 3 previous weeks the tilll and banking combined has been £220 short.
Am I within my rights to deduct these amounts from their final salary? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do their contracts state that you can make such deductions from their pay?

Customer:

There is no reference to this in their contracts either way

Ben Jones :

If you were to deduct this amount from their salary it would most likely amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.

Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:



  • If it is legally allowed (e.g. to deduct tax);

  • If it is to recover an earlier overpayment of wages made by the employer; or

  • If the employee has given their explicit written agreement for the deductions to be made.


If none of the above exemptions apply, the deductions will most likely be unlawful. I know it does not seem fair that you cannot offset clear theft by stopping their pay or deducting it from it but that is the law unfortunately. Had there been a specific and clear clause allowing for that in their contracts then you could have so you may wish to consider including one for the future.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Yes, thank you for your help. Much appreciated and I will indeed follow your advice. Julian

Ben Jones :

you are welcome, all the best

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