Unlawful Deduction from Wages
Our team of Employment solicitors consists of dedicated specialists and lawyers who deal exclusively with employment law. The team have over 30 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.
You can be assured Lawson-West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.
Lawson-West’s expert employment solicitors and lawyers have significant experience of claims where employers fail to pay their employees, or have paid them less than they are entitled to within their contract of employment, meaning they may have a claim for an unlawful deduction of wages.
The deduction will be unlawful if any of the following applies:-
- it is not required or authorised by legislation
- it was not authorised in your contract of employment
- it was not consented to by yourself in writing before it was taken
It is not always considered as unlawful if there was prior agreement to remove the amount either in the form of a contractual agreement and/or where you have been overpaid or where you have taken part in a strike or industrial action.
Wages can be defined as:-
- any salary, holiday pay, bonus or commission whether contractual or otherwise
- pay that you are entitled to under statute (for example statutory sick pay or statutory maternity)
- statutory payments that are paid in lieu of wages
A claim for unlawful deduction must be made when the deduction has taken place and not as a result of a threat to remove sums. Any claim for wages must be for a specific and quantifiable sum of money. If the payment is uncertain, and not quantifiable (or is a general sum claimed by way of damages), then the claim will not be able to be made in the Employment Tribunal, but will need to be brought in the County Court, or High Court instead.
In addition to No Win No Fee, Lawson-West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.