Unlawful Wage Deductions Limit

Summary

In England, you can claim for a series of unlawful wage deductions going back up to two years from the last deduction, but the claim must be filed within three months of the last deduction. The ownership of the employer by a Northern Irish group does not change this rule. Exceptions to the two-year limit may apply in cases of unawareness or fraudulent concealment by the employer. Relevant case law includes Bear Scotland Ltd v Fulton and Williams v British Airways plc. Consult an employment tribunal or legal advisor for personalized advice.

Full Conversation

no, how far back can you go?
In England, you can claim for a series of unlawful deductions going back up to two years from the date of the last deduction. However, you must still bring the claim within three months of the last deduction.
If you have any more questions, feel free to ask!
what if the employer whos the respondent was bought by a northern irish group? Is the backstop waived and there is no limitation?
Case Rating: *.
The fact that the employer was bought by a Northern Irish group does not change the limitation period. The standard rules still apply:
- You can claim for a series of unlawful deductions going back up to two years from the date of the last deduction.
- The claim must still be brought within three months of the last deduction.
Does this help with your situation?
in northern ireland there is no backstop, the 2 years limitation does not apply in northern ireland
In England, the two-year limit for claiming a series of unlawful deductions applies. The fact that your employer was bought by a Northern Irish group does not change this.
Have you spoken to an employment tribunal or legal advisor about your specific circumstances?
yes, but the liability is theirs now, isnt it?
If the Northern Irish group bought the employer, they may inherit liability for past unlawful wage deductions. However, the two-year limitation for claiming a series of unlawful deductions still applies in England. Consider consulting an employment tribunal or legal advisor for your specific situation.
Do you need more detailed steps on how to proceed with your claim?
so it matters that the place of work is in england?
Yes, it does matter that your place of work is in England. The rules and limitation periods for bringing a claim for unlawful deductions of wages are based on English law, regardless of the employer's location or ownership. Do you need more details on how to proceed with your claim?
in which situation this limit can be lifted? do you have case law references
The two-year limit for claiming a series of unlawful deductions can be lifted in exceptional circumstances, such as when the claimant was unaware of the deductions or if there was fraudulent concealment by the employer.
For case law references, you may look into:
- Bear Scotland Ltd v Fulton [*] UKEAT/*/*/BI
- Williams v British Airways plc [*] EWCA Civ *
Would you like more details on any specific case or further assistance with your situation?
in which situation this limit can be lifted? do you have case law references?
Case Rating: *.
The two-year limit for claiming a series of unlawful deductions can be lifted in exceptional circumstances, such as:
- When the claimant was unaware of the deductions.
- Fraudulent concealment by the employer.
Case law references:
- Bear Scotland Ltd v Fulton [*] UKEAT/*/*/BI
- Williams v British Airways plc [*] EWCA Civ *
Would you like more details on any specific case or further assistance?