One ITL, the Chambers of Marion Smullen, are delighted to announce that with effect from 1st January 2017 we will be merging with the Chambers of William Mousley QC at 2 Kings Bench Walk.
If unlawful deductions have been made, one should first try and resolve the matter informally or by lodging a formal grievance. If such steps fail to resolve the matter, then one can bring a claim in an Employment Tribunal. A claim may also be brought for a breach of contract in the civil courts. To that end, as an unlawful deduction from wages would usually render the employer in breach of the employment contract, an employee may be entitled to resign due to the same and thereafter claim constructive dismissal. Accordingly, it is crucial that employers seek advice before considering making any deduction from wages, especially as the terms wages is interpreted widely and can include bonuses, commission and contractual entitlements such as holiday pay. Moreover, employees should seek advice before terminating his or her contract of employment on the basis of an unlawful deduction of wages as a successful claim for constructive dismissal shall not necessarily follow: see constructive dismissal for more information.
Members of Chambers are well placed to advise and act on behalf of both employees and employers in this area.
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