Understanding your pay
Deductions from your pay
Your employer is not allowed to make deductions unless:
- it鈥檚 required or allowed by law, for example National Insurance, income tax or student loan repayments
- you agree in writing
- your contract says they can
- there鈥檚 a statutory payment due to a public authority
- you have not worked due to taking part in a strike or industrial action
- there鈥檚 been an earlier overpayment of wages or expenses
- the court has told your employer to take debt payments
A deduction cannot 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鈥檝e done and your contract says you鈥檙e liable for it, for example 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, for example union subscriptions or pension contributions
If you work in retail - for example shops, restaurants
Your employer cannot take more than 10% from your gross pay (pay before tax and National Insurance) each pay period to cover any shortfalls.
Example
There鈥檚 a shortfall of 拢50 in your till and your employer wants to deduct this from your earnings.
You鈥檙e paid 拢250 gross per week. Your employer can take 10% of your gross earnings, which is 拢25.
They must only take 拢25 one week and then make another deduction from your next pay cheque for 拢25.
If you leave your job, they can take the full amount owed from your final pay.
If you have not been paid in full
Speak to your employer first to try to sort out the problem informally.
If this does not work, you can:
- talk to your trade union representative
You have the right to go to an Employment Tribunal to get your money.
If you leave your job
Check your contract to see if your employer is allowed to withhold your pay. Normally you鈥檙e entitled to be paid everything you鈥檝e earned up to the point you finish.
If you鈥檙e forced to resign because your employer refuses to pay you, you may be able to make a constructive dismissal claim in an Employment Tribunal.