What are lawful deductions from wages that will not breach the NMW?

Posted in : First Tuesday Q&A NI on 2 July 2019
Arthur Cox
Arthur Cox
Issues covered:

The general rule is that it is unlawful for an employer to make a deduction from an employee’s wages. However, this rule is subject to two main exceptions which are set out in Article 45 of the Employment Rights (Northern Ireland) Order 1996 (“ERO 1996”), namely:

1. Deduction(s) will be considered lawful if it/they are required or authorised by virtue of a statutory or contractual provision. E.g. tax and NICs.

2. Deduction(s) will also be lawful if the worker has previously signified in writing his/her agreement to the deduction(s).

Article 46 of the ERO 1996 outlines a number of further deductions which would be deemed lawful, even in the absence of the above exceptions under Article 45.

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Back to Q&A's This article is correct at 02/07/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com

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