Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.
The employer’s actions will most likely amount to an unlawful deduction of wages, which is dealt with under the Employment Rights Act 1996.
Deductions of wages occur when an employer either makes actual deductions from an employee’s pay, or they stop their pay altogether. Under law, an employer can only do these 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 (no prior consent is needed, but at the same time they should discuss how this may affect the employee, considering any outgoings they have to meet)
- If the contract specifically allows for the deductions to be made
- If the employee has given their explicit written consent, such as in a separate written agreement
If none of the above exemptions apply, the deductions will most likely be treated as being unlawful. To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and/or breach of contract and request that they repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what has been unlawfully deducted.