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Employment law guide

Wages

The law defines wages to include any fee, bonus, commission, holiday pay or other emolument of employment; it also includes Statutory Sick Pay; Statutory Maternity Pay; a guarantee payment; any sum payable for reinstatement or re-engagement; and non-contractual bonus payments.

An employer may not make deductions from an employee’s wages or receive any payment from an employee UNLESS the deduction is required or permitted by law OR the employee has given his prior written consent to the deduction.

However certain deductions are permitted including the recovery of overpaid wages or expenses and certain statutory deductions.

Also a written agreement – in the contract of employment for example – may authorise other deductions to be made.

Workers must be paid at least the National Minimum Wage.

Cash shortages

Special rules apply in relation to staff employed to carry out retail transactions with the general public. Deductions in relation to cash or stock deficiencies may only be made to the extent that they do not exceed 10% of the gross amount of the wage payment to the employee from whom they are deducted and if they are made within 12 months of the discovery of the shortage.

Itemised Pay Statements

All workers are entitled to an individual written pay statement at or before the time of payment. It has to show gross pay and take-home pay with the amounts and reasons for variable deductions and fixed deductions. It must contain information about the number of hours worked by a worker for which they are being paid if their pay can vary as a result of the amount of time worked. The right to an itemised pay statement has from April 2019 been extended to all “workers” not just those working under a contract of employment.

Sunday working and shop-workers

Shop workers in England and Wales have protection against having to work on Sundays by being able to opt out of doing so without fear of dismissal or detriment as a result. This does not apply if they are specifically employed only to work on Sundays.