651 - Industrial Relations Law Bulletin - Deductions from wages revisited - The statutory regime governing unlawful and unauthorised deductions from workers' wages contained in Part 11 of the Employment Rights Act 1996 ("the ERA"), now invariably forms the second largest employment tribunal jurisdiction. Its continuing growth and popularity as a remedy seems not to have been significantly affected by the advent in 1994 of tribunals' specific jurisdiction to deal with contract of employment (and related) disputes outstanding on the termination of employment. Indeed, the two jurisdictions seem to complement one another. The contractual jurisdiction thus potentially covers certain matters that are either expressly excluded from the statutory regime or have been found by the courts and tribunals to be outwith its terms (for example, pay in lieu of notice). In this Guidance Note, we analyse the relevant provisions of Part 11 of the ERA and review recent case law developments. In so doing, we focus on the broad definition of "wages' for these purposes, and consider a concept of a "deduction" that in any event effectively requires tribunals to determine contractual issues in the context of the statutory regime. We set out the ways in which employers can obtain authorisation to make lawful deductions, and summarise the special provisions covering retail workers. Finally, we look at the procedure for complaint to employment tribunals and remedies.
Dokumenttyp: | Artikel |
---|---|
Reihe/Periodikum: | IRS employment review |
Verlag/Hrsg.: |
London,
Eclipse Publ. Ltd.
|
Sprache: | Unbekannt |
ISSN: | 0143-8328 |
Permalink: | https://search.fid-benelux.de/Record/olc-benelux-1586261975 |
Datenquelle: | Online Contents Benelux; Originalkatalog |
Powered By: | Verbundzentrale des GBV (VZG) |
Wird geladen...