I have been told I have been overpaid. Can my employer deduct money from my wages without my consent?

Yes. The Employment Rights Act allows an employer to recover overpayment of wages, which includes expenses and other allowances. This is the case even if the employer was at fault because they made a mistake when calculating the amount due. This kind of deduction would be lawful.

Sometimes, where the worker genuinely believed he or she was entitled to the overpayment and spent the money in good faith, a civil court might decide to rule that the employer is not entitled to recover it from them.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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