WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
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SECTION 5.14<br />
14. Is my employer allowed to make deductions from my pay?<br />
No deduction may be made from your wages unless either:<br />
1. It is allowed by your contract or :<br />
2. You have agreed in writing to the deduction or:<br />
3. It is allowed by statute,for example deductions for PAYE tax and national insurance.<br />
If a deduction is made from your wages:<br />
1. The term of your contract allowing the deduction must have been shown to you or ;<br />
2. If your contract is not in writing,you must have been notified in writing about the deduction<br />
before it is made.<br />
Sums wrongfully deducted from your wages must be repaid by your employer.<br />
Your‘wages’includes bonuses,commission,holiday pay,statutory sick pay or statutory maternity,<br />
paternity or adoption pay.<br />
But‘wages’do not include payments under loan agreements,expenses,benefits in kind,pay in lieu of<br />
notice or payments related to redundancy.<br />
HOWEVER,an employer can make deductions without your consent:<br />
1. To reimburse themselves for having overpaid your wages.<br />
2. To deduct wages where you take part in industrial action.<br />
Overpayments<br />
Your employer can generally recover overpayments made to you by mistake of fact(such as a clerical<br />
error)provided the overpayment was one you should have noticed; and provided you have not,in good<br />
faith,incurred expenditure you otherwise would not have incurred.<br />
However,your employer cannot recover an overpayment made to you by mistake of law such as a<br />
mistake as to the meaning of your contract,the correct tax deduction or NI payment.<br />
This area is very tricky and you should always consult your <strong>GMB</strong> representative,who has access to<br />
specialist advice.<br />
REMEMBER: there may be more than one person affected by this issue.<br />
Consider calling a meeting to advise,recruit and organise.