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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70363
Experience:  Qualified Solicitor
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My employer has introduced new regulation, according to

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My employer has introduced new regulation, according to which, whenever you travel abroad, doesn't matter if the country is listed as potentialy risky due to covid, after you are back you have to make covid test and you are not allowed to work before you get results, which means also they don't pay you. Is this legal?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: My manager agrees with me, HR is the one to come with that regulation and I was thinking I will get a lawyer advice now
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, not in the union, but I don't understand what it has to do with my question
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That it just simple answer yes or no will do :)

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

I'm sorry to hear this. Can I just check, how long have you worked there for and what is the nature of the work that you do?

Customer: replied 13 days ago.
8 years, administrator

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. It is legal to have such a rule or policy in place if the employer decides to have it, but if they are going to not pay you under it then certain rules need to be followed.

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. So to be legally valid, the right to withhold your pay must either be included in your contract of employment, or in a separate written agreement, counter-signed by you. If it is not, stopping your pay would be unlawful.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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