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► HELP ON SUSSEX SU
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► Unpaid wages
I haven’t been paid!
Maybe you haven’t been paid anything (this is called a 100% deduction of wages), or you haven’t been paid for the correct hours worked, or you haven’t got your sick/ holiday pay or your employer has made illegal deductions from your pay.
Some deductions can be made from pay legally:
- Tax and national insurance
- Deductions under a court order
- Agreed deductions
- If you have given written permission for deductions eg. union subscription etc)
If the above don’t apply then your employer may have made an illegal deduction.
What about tips? Do they count as pay?
Cash tips
These are not regarded as wages and therefore could be used to offset other expenses eg. if the till is short.
Card tips
If these are shared amongst staff they do count as wages but they can be used towards your wages, as opposed to being an extra bonus.
Compulsory service charges
Check your contract of employment about how these are treated.
Are you a retail worker?
Yes, if your job involves you taking money from customers in payment for a product or service eg. shop worker, waiter, bus/ train conductor etc.
In retail jobs the employer may be able to make a deduction from your wages in certain circumstances eg. cash/stock shortages, if they follow the rules below.
They must:
- make the deduction within a year
- explain the reasons in writing
- can’t deduct more than 10% of your gross pay from each payslip ( unless it is your final payslip)
OK, I ‘ve read the above and I’ve been underpaid- what should I do?
- Talk to your employer ASAP
- Explain the discrepancies in your payslips
- If this doesn’t work put it in writing as a written grievance straight away- sign and date the letter and keep a copy
- If this still doesn’t resolve the issue you have the option to go to an employment tribunal- there are strict deadlines to do this- 3 months from the last illegal deduction.
- Always seek advice at an early stage about taking a case to a tribunal.
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