Q&As

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

read titleRead full title
Published on LexisPSL on 27/05/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

For information on unlawful deductions from wages generally, see Practice Note: Deductions from wages.

Section 13 of the Employment Rights Act 1996 (ERA 1996) prohibits a deduction from the worker’s ‘wages’; an employer may not make a deduction from the wages of any worker employed by the employer unless:

  1. it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or

  2. the worker has previously signified in writing their agreement or consent to the making of it

Separately, ERA 1996, s 14 sets out certain ‘excepted deductions’ to which ERA 1996, s 13 does not apply (ie where there is no requirement for statutory or contractual authorisation, or the employee’s consent). For further information, see Practice Note: Deductions from wages—Excepted deductions and payments.

The definition of wages expressly includes (among other things) ‘any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise’.

It expressly

Related documents:

Popular documents