The time for presentation of an employee's complaint that his employer made an unlawful deduction from his wages, in the form of an underpayment of commission, began to run from the last date on which payment of commission could have been made under the contract, notwithstanding that the actual payment in this case was made several days prior to that deadline, holds the EAT in Group 4 Nightspeed Ltd v Gilbert.
The posting in a factory of a notice which stated that accrued holiday pay would not be given to employees dismissed for gross misconduct did not amount to the requisite written notification to the workers of a contractual term authorising a deduction from their wages, holds the EAT in (1) Kerr v The Sweater Shop (Scotland) Ltd (2) The Sweater Shop (Scotland) Ltd v Park.
For the purposes of the statutory provisions prohibiting unlawful deductions from wages, the definition of "wages" excludes "any payment in respect of expenses incurred by the worker in carrying out his employment", holds the EAT in London Borough of Southwark v O'Brien.
In Taylorplan Services Ltd v Jackson and others, the EAT offers some guidance on the questions which an industrial tribunal should ask itself when dealing with a time limit issue under the Wages Act 1986.
An employer who for several weeks reduced an employee's weekly bonus to offset the cost of vehicle repairs incurred because of the employee's act of negligence, made unlawful deductions from his wages notwithstanding that the contract of employment provided that weekly bonuses were made at the employer's discretion, holds the EAT in Bannerman Co Ltd v Mackenzie and another.
In Higgins v Cables Montague Contracts Ltd, the EAT upholds an industrial tribunal's finding that a collective agreement, the effect of which was to reduce an employee's wages, was incorporated into his contract of employment by a term of that contract.
A waiter whose weekly share of the restaurant's service charge pool was reduced because the management unilaterally decided to allocate part of the pool to the "house" to offset the restaurant's running costs, suffered unlawful deductions from his wages, holds the EAT in Saavedra v Aceground Ltd t/a Terrazzo-Est.
The reduction of a college lecturer's pay following his demotion by the college's governing body, amounted to an unlawful deduction from his wages, holds the EAT in Morgan v West Glamorgan County Council.
A local authority was entitled to make an attachment of earnings order, in respect of unpaid community charge, against one of its own employees, holds the EAT in Ashton v London Borough of Hackney.
A collective agreement allowing a reduction in guaranteed pay where there was "approved" short-time working, referred to short-time working approved by the trade unions on behalf of the employees, holds the EAT in Davies and others v Hotpoint Ltd.
HR and legal information and guidance relating to unauthorised deductions from pay.