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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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Can a company with hold payment of wages including not

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Can a company with hold payment of wages including not paying pension amount, union subs and insurance payments. Without advising employee

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

Why have they been withheld and does the contract allow it?

Customer: replied 3 months ago.
I put in my notice on the first of may I knew in my contract that I would have to repay some of my training costs. However I did not receive any notification on what this amount was and did not expect to receive a zero payslip

Thank you. This potentially amounts to an unlawful deduction from wages, which is dealt with 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:

{C}· If it is legally allowed (e.g. to deduct tax)

{C}· If it is to recover an earlier overpayment of wages made by the employer

{C}· If the contract specifically allows for the deductions to be made

{C}· If the employee has given their explicit written consent

Whilst there may be a contractual clause which allows the employer to make the deductions, such as to cover training costs, the deductions should not leave the employee with no pay as you are still entitled to receive at least the minimum wage. Therefore, the employer can make the deductions and reduce your pay, but not below what you would have received had you been paid the minimum wage for the hours you worked.

If the employer is unable to recover the full amount owed by making the deductions from your wages, they will have to pursue it in other ways, such as by asking you to voluntarily repay them, or if necessary – take the matter to court.

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