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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49806
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My company deducts money from our salary to put into a fund

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My company deducts money from our salary to put into a fund to pay out it anyone needs sick pay. I tried to opt out of paying in but it's in my contract that I have to. Is this legal?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is this sick pay on top of statutory sick pay?
Customer: replied 1 year ago.
For Ben - yes this is on top of statutory sick pay. But I want to opt out and get private insurance against loss of income but I've been told I'm not allowed as it's in my contract
Hi there. Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Sorry just one more thing before I finalise my response - how long have you worked there for?
Customer: replied 1 year ago.
For Ben - 10 years
Thank you. As far as the law is concerned, a deduction from wages can only be made if one of the following applies:· It is required or authorised under statute.· It is required or authorised under the contract.· The worker has given prior written consent. As the authorisation comes from consent given under your contract of employment, then, following usual contractual principles, you cannot vary this without the employer’s consent. So if you wanted to remove this consent, once the deductions had started to be made, you would only be able to do this if the employer also agrees to it. If they do not, you will have to terminate the existing contract under which the consent wad given, meaning you would have to resign in order to effect the termination. Obviously if you do that and the employer does not offer you a new contract to replace the terminated one your employment would end at the end of the notice period. It is up to them to decide whether they want to offer you a replacement contract though so it will come down to how important you are to keep you in the job – they could decide to agree to these changes just to ensure they do not lose you but that will be done at their discretion. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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