21 October 2021

Know your rights – dealing with unlawful deductions from wages

One of the most common problems that members working in Facilities Management face is not being paid the correct wages or having a deduction made to wages that they have not agreed to.

Your employer should not make any deductions from your pay unless:

  • The deduction is required by law (i.e., income tax and National Insurance).
  • The deduction is allowed under your contract e.g. trade union subscriptions.
  • You have signed a written agreement authorising the deduction.
  • Your employer has overpaid you. Your employer must let you know in writing if you owe them money. They must explain how they will claim it back before your next pay day. You should seek advice from your PCS representative if this has happened.
  • The deduction is for the time you did not work because of a strike. 

If you have checked with your employer and the wages you have received are less than the total amount of wages due, then this may be an unlawful deduction from wages.

Seek advice from your PCS representative immediately. The underpayment can be corrected by making a claim to an employment tribunal but the deadline for applying to the tribunal is 3 months less one day from when you should have been paid the money.