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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
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I contribute to the The peoples pension plan each month, so

Customer Question

I contribute to the The peoples pension plan each month, so does my employer, each year I have target to reach, above that I receive a bonus of a third.
For the last 2 years I have had bonus of 10k and 7k from which my employer has deducted the total amount of pension contributions they have made for the year.
Is this legal ?
Submitted: 17 days ago.
Category: Employment Law
Expert:  Ben Jones replied 17 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 17 days ago.

What reason have they provided for doing this and how long have you worked there for?

Customer: replied 17 days ago.
They have given no reason, I have worked there 4 years
Customer: replied 17 days ago.
No I do not prefer to talk on the phone, I have already paid £26 for no information as yet
Expert:  Ben Jones replied 17 days ago.

Ok leave it with me please I will reply on here later today

Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience. What the employer is doing is not necessarily going to be illegal, as long as they have the contractual right to do so. A bonus is a discretionary payment, they are not legally obliged to pay it and it is just an incentive the employer decides to pay its employees. As such, they can make it subject to certain conditions, including that the level of pensions contributions can be offset from it. However, they need to have made that clear in any bonus policy or procedure, so that you knew what the conditions of the bonus payments were. If no such conditions existed you can argue that the employer has acted in breach of contract and also potentially been guilty of unlawful deduction of wages, which you can take further if needed.

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Expert:  Ben Jones replied 16 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 15 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks