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Unlawful Deductions From Wages

EH SolicitorsEmployment TribunalsUnlawful Deductions From Wages

Unlawful Deductions From Wages

An employer cannot make deductions from the wages of its workers unless the deduction is authorised by statute or the worker’s contract, or if the worker has given their prior written consent to the deduction. If your employer withholds some or all of your wages without authorisation, you are entitled to make a claim to recover the money properly owed to you either to;

  • the Employment Tribunal
  • the County Court as a breach of contract claim

The deduction might be in relation to;

  • Salary
  • Commissions/bonuses
  • Sick pay
  • Holiday pay
  • Statutory maternity/paternity pay
  • Payment in respect of notice period

We can advise you on the best course of action to take, as well as try to resolve the matter without the need to issue court proceedings.

Free Enquiry

All initial enquiries are completely free of charge. Please either call us on 0121 746 3002 or complete a Free Online Enquiry to see how we can help you.

Ellis Hass & Co Solicitors
Avon House
435 Stratford Road
Shirley, Solihull
B90 4AA

Free parking.

Equal Pay Claims

If you have been adversely treated by an employer by receiving a wage which is fundamentally different to that of another person doing the same or broadly similar work to you, it is likely that you will be entitled to bring a claim under The Equality Act 2010. This claim usually applies where someone of a different sex is paid a lower wage than the other as a consequence of ‘pay discrimination’.

In order to find out if there is a disparity you will require evidence which might be obtained by reference to;

  • Salary questionnaires
  • Evidence from a ‘comparator’
  • Job adverts

To bring a claim you will need to identify a ‘comparator’ and then the burden will shift to the employer who will need to prove that the reason for any disparity is not as a consequence of gender. If you are unable to point to an actual comparator it might still be possible to bring a claim for sex discrimination under the Act.

The time limit for bringing a claim is longer than the usual 3 months as you are able to bring a claim at any time whilst still employed, or within 6 months of the end of the employment.

However, given the complexity of this area of law, if you are concerned that you might have suffered or are suffering ‘pay discrimination’ then you will need to contact an expert for advice on your rights.

Free Enquiry

All initial enquiries are completely free of charge. Please either call us on 0121 746 3002 or complete a Free Online Enquiry to see how we can help you.

Ellis Hass & Co Solicitors
Avon House
435 Stratford Road
Shirley, Solihull
B90 4AA

Free parking.

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