Roymondo:
Captain Caveman 76:
Next paragraph.
A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.I have no idea why you are quoting from a Northern Ireland government website. It appears to paint an incomplete picture anyway since the gov.uk website explains it thus:
A deduction can’t normally reduce your pay below the National Minimum Wage even if you agree to it, except if the deduction is for:
tax or National Insurance
something you’ve done and your contract says you’re liable for it, eg a shortfall in your till if you work in a shop
repayment of a loan or advance of wages
repayment of an accidental overpayment of wages
buying shares or share options in the business
accommodation provided by your employer
your own use, eg union subscriptions or pension contributionsYour call…
My bad, not paying attention!
From gov.uk/understanding-your-p … m-your-pay
- Deductions from your pay
Your employer isn’t allowed to make deductions unless:
it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
you agree in writing
your contract says they can
there’s a statutory payment due to a public authority
you haven’t worked due to taking part in a strike or industrial action
there’s been an earlier overpayment of wages or expenses
it’s a result of a court order
A deduction can’t normally reduce your pay below the National Minimum Wage even if you agree to it, except if the deduction is for:
tax or National Insurance
something you’ve done and your contract says you’re liable for it, eg a shortfall in your till if you work in a shop
repayment of a loan or advance of wages
repayment of an accidental overpayment of wages
buying shares or share options in the business
accommodation provided by your employer
your own use, eg union subscriptions or pension contributions
If you work in retail - eg shops, restaurants
Your employer can’t take more than 10% from your gross pay (pay before tax and National Insurance) each pay period to cover any shortfalls.
Example
There’s a shortfall of £50 in your till and your employer wants to deduct this from your earnings.
You’re paid £250 gross per week. Your employer can take 10% of your gross earnings, which is £25.
They must only take £25 one week and then make another deduction from your next pay cheque for £25.
If you leave your job, they can take the full amount owed from your final pay
I’ve highlighted the interesting bit which supports what you’re saying. In which case, it appears I am wrong on that particular subject.
But I stand by my claim that “because it’s in a contract, it’s legal” is wrong. There’s nothing to stop unscrupulous employers taking advantage of their employees by making illegal demands by putting such demands “in the contract”.
Edit: Dammit, I should really double check the post I’m replying to before, er, replying!
