Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


Click to show the answer In what circumstances may an employer deduct wages from an employee?

Click to show the answer What happens if an employer makes an unlawful deduction of wages from an employee?


Click to hide the answerCan an employer be ordered by law to deduct wages from an employee?

Under the Attachment of Earnings Act 1971, the Courts Act 2003, the Child Support Act 1991, the Debtors (Scotland) Act 1987 and the Council Tax (Administration and Enforcement) Regulations 1992 (SI 1992/613) an employer is legally obliged to make a deduction directly from an employee's wages if the employee is subject to a court order to pay money. The court will make the order if it believes that the employee has failed or is likely to fail to pay the sums due through other means. Courts can consolidate orders made under either Act into a single order under the Courts Act 2003. From 30 November 2004 deductions from employees' net pay are legally enforceable under a Debt Arrangement Scheme for those habitually resident in Scotland.

An employer must make student loan deductions when authorised to do so by an approved HM Revenue & Customs form or communication. Penalties can be charged at a rate not exceeding £3,000 for each employee where an employer does not comply through fraud or negligence.

Want to see more?

XpertHR provides answers to more than 1,000 FAQs. But that's not all - book a demo today to find out how we can immediately benefit your business

Compliance

Keep on the right side of employment law

Good Practice

Engage your people to achieve your objectives

Benchmarking

Measure, monitor and match best practices

Book
a Demo


Click to show the answer Is an employer liable if it fails to comply with an attachment of earnings order?

Click to show the answer Is an employer liable if it inadvertently fails to pay an employee's wages?

Click to show the answer If an employee is absent without authorisation can the employer make a deduction from his or her pay?

Click to show the answer Is an employer required to pay employees who cannot make it into work because of severe weather conditions?

Click to show the answer Is an employer required to pay employees who arrive late or do not arrive at all due to disruptions to public transport?

Click to show the answer If an employer closes its business because disrupted public transport prevents employees from attending work does it have to pay its employees?

Click to show the answer If an employer's business is closed because of, for example, flooding, is it obliged to pay its employees?

Click to show the answer Where an employer has accidentally overpaid an employee can it reclaim the overpayments?

Click to show the answer Can an employer deduct overpaid holiday pay from a final salary payment?

Click to show the answer If an individual whose employment comes to an end fails to return company property what action can the employer take?

Click to show the answer Can an employer dock the pay of an employee who has arrived at work late the morning after the company Christmas party?

Top





irs
personnel today
lexisNexis


© Reed Business Information Ltd  Terms & Conditions |  Privacy Policy

XpertHR is designed to work consistently across a range of browsers, including Internet Explorer,
Mozilla Firefox, Opera and Safari. If you find bugs in our site, please contact us. We appreciate feedback.