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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.
In what circumstances may an employer deduct wages from an employee? What happens if an employer makes an unlawful deduction of wages from an employee? Can an employer be ordered by law to deduct wages from an employee? Is an employer liable if it fails to comply with an attachment of earnings order? Is an employer liable if it inadvertently fails to pay an employee's wages? Are employers obliged to pay employees for periods of absence that are unauthorised? If an employee is absent without authorisation can the employer make a deduction from his or her pay? Is an employer required to pay employees who cannot make it into work because of severe weather conditions? Is an employer required to pay employees who arrive late or do not arrive at all due to disruptions to public transport? If an employer closes its business because disrupted public transport prevents employees from attending work does it have to pay its employees? If an employer's business is closed because of, for example, flooding, is it obliged to pay its employees? Where an employer has accidentally overpaid an employee can it reclaim the overpayments? Can an employer deduct overpaid holiday pay from a final salary payment? If an individual whose employment comes to an end fails to return company property what action can the employer take? Can an employer require employees to pay for their uniforms?
If an employer wishes to be able to make deductions from employees' pay in the event that they turn up for work late the morning after the company Christmas party, it should include the right to do this in its contracts of employment. An alternative would be to ensure that the employees in question have, in advance of the party, signed a separate document that clearly indicates their agreement to a quantifiable deduction being made in these specific circumstances.
Another possible course of action for the employer would be for it to make it clear to staff in advance of the Christmas party that disciplinary action will be taken against any employee who fails to turn up, or turns up late, the day after the Christmas party and there is reason to believe that the non-attendance/lateness is due to over-consumption of alcohol. It is also advisable for employers to make sure that plenty of food and non-alcoholic drinks are available at the party itself.
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