Before making a complaint, check carefully whether or not your employer is entitled to make the deduction that you are concerned about. In particular, you should look to see if there is a provision in your terms and conditions of employment that allows your employer to make the deduction. Such a provision might appear in

• the "written statement of employment particulars" (commonly but inaccurately known as your "contract") that you should have been given shortly after starting your job,
  
  
• a staff handbook, or
  
  
• a collective agreement made between your employer and a trade union.

If there is a specific written contractual provision that allows your employer to make the deduction, the deduction is lawful.

If you still believe that a deduction was unlawful, unless it is one of the exempt deductions listed above, you are entitled to make a complaint to an employment tribunal. Before making a complaint, you must have followed closely your employer's grievance procedure, including making an appeal if your employer does not accept your grievance. If you have not followed each relevant stage of the grievance procedure, the employment tribunal may decline to consider your complaint.

A complaint to an employment tribunal must be made within three months of the date that the deduction was made or within three months of the last of a series of deductions, unless it was not reasonably practicable for it to be made within that period of time. You do not have to have worked for the employer for a minimum period of time, and you do not have to be under a certain age. An employment tribunal may not award more than the amount of the deduction(s).

If you are aggrieved about a deduction that is one of the exempt deductions listed above, you cannot make a complaint to an employment tribunal. A tribunal will refuse to hear any case that is brought for one of the exempt deductions, even if your complaint is not against the fact of the deduction but, for example, against the manner in which the deduction was handled.

Your only recourse in the case of an exempt deduction is to sue your employer in the civil courts, e.g. the small claims court. You should take proper advice before taking such action, e.g. by visiting your local Citizen's Advice Bureau (CAB). Information about the advice services offered by CAB are available at http://www.citizensadvice.org.uk

More Information:

• Introduction
  
• Pre-tax deductions
  
• Statutory deductions
  
• Voluntary regular deductions
  
• Deductions in retail employment
  
• One-off deductions
  
• Exempt deductions
  

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