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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70354
Experience:  Qualified Solicitor
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Im wondering if you can answer me a question about the

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hey
JA: Hi. How can I help?
Customer: im wondering if you can answer me a question about the business i work for
JA: Where is this? It matters because laws vary by location.
Customer: my bad, United Kingdom
JA: What steps have you taken so far?
Customer: so my boss has started to say hes going to deduct my end of month pay for everytime im on my phone at work, i havent signed anything and was wondering if it was legal or not for them to do this to me and my other employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: dont think so

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

If the employer was to do this then it would potentially amount 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

If none of the above exemptions apply, the deductions will most likely be 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 ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. Before making the claim, ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also, there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 month ago.
thank you ben, yeah my questions have been answered

All the best

Customer: replied 1 month ago.
can i speak to you later in the week if my employer decides to continue being unlawful?

Hi yes you can post a short follow up query if needed

Customer: replied 1 month ago.
my employer told me i dont have a contract and im on zero hours, im waiting to get my payslip back to see if i can see if have been underpaid or not

thanks do you have further queries about it please?

Customer: replied 1 month ago.
even if im on a zero hour contract is it still unlawful that theyre taking money from me ?

It doesn’t matter what type of contract you are on, whether they can deduct any money or not will depend on the contents of the contract itself and if that is allowed under it