Unauthorised deductions from pay

New and updated

• Deductions from wages and attachment of earnings

  Type:

  Employment law manual

  Updated to reflect that the tables used to determine the amount of earnings arrestments payable in Scotland, and the protected earnings figure, are revised from 6 April 2019.

• Deductions from wages: Tribunals have jurisdiction to construe employment contract

  Date:

  5 October 2018

  Type:

  Law reports

  In Agarwal v Cardiff University and another; Tyne and Wear Passenger Transport Executive t/a Nexus v Anderson and others, the Court of Appeal held that employment tribunals have jurisdiction to construe contractual terms in the context of a claim for unlawful deductions from wages.

• Compensation - pay and statutory payments

  Type:

  Quick reference

  Updated to take into account an increase in the cap on a week's pay, with effect from 6 April 2018.

• Holiday pay: EAT confirms limit on unlawful deductions claims

  Date:

  17 May 2017

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has refused to interfere with the earlier EAT decision limiting the potential for claims for historical non-payment of holiday pay.

• Case round-up

  Date:

  1 March 2014

  Type:

  Law reports

  David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

• Case round-up

  Date:

  1 April 2013

  Type:

  Law reports

  Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.

• Boots unlawfully reduced long-serving workers' pay premium for Sundays and bank holidays

  Date:

  9 July 2012

  Type:

  Law reports

  In this case, the retailer Boots took a business decision to reduce long-serving workers' double time for Sunday and bank holiday working to time-and-a-half, but the employment tribunal found this to be an unlawful variation of the workers' terms and conditions of employment.

• Case round-up

  Date:

  1 July 2012

  Type:

  Law reports

  Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.

• NHS trust's decision to withhold pay increment for staff who pass sickness absence trigger ruled unlawful

  Date:

  10 May 2012

  Type:

  Law reports

  In this test case, the employment tribunal found that an NHS trust had unlawfully amended its pay progression policy to provide that staff would be denied a pay rise if their sickness absence reached a certain level.

• TUPE transferee unlawfully removed sick pay and reduced holiday entitlement one year after transfer

  Date:

  7 March 2012

  Type:

  Law reports

  The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.