Good morning and thanks for your patience. Deducting the pay from your future commission will amount to a deduction of wages because your commission will make up part of your wages.
Unless the employer has satisfied certain criteria, doing this will potentially 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;
· If their contract specifically allows for the deductions to be made; 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. So really they would need to have a specific clause in your contract allowing that, or if it is a separate document – one which is accepted and signed by you to provide your consent for this to happen.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they make the deductions in the absence of a relevant clause allowing them to do so, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you