Statutory Instruments
2014 No. 3322
Terms And Conditions Of Employment
The Deduction from Wages (Limitation) Regulations 2014
Made
17th December 2014
Laid before Parliament
18th December 2014
Coming into force
8th January 2015
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1 ) in relation to employment rights and duties( 2 ).
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, makes the following Regulations:
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Deduction from Wages (Limitation) Regulations 2014 and come into force on the 8th January 2015.
(2) These Regulations extend to England and Wales and Scotland only.
Amendment to the Employment Rights Act 1996
2. In section 23 of the Employment Rights Act 1996( 3 ) (protection of wages: complaints to employment tribunals) after subsection (4) insert—
“ (4A) An employment tribunal is not (despite subsections (3) and (4)) to consider so much of a complaint brought under this section as relates to a deduction where the date of payment of the wages from which the deduction was made was before the period of two years ending with the date of presentation of the complaint.
(4B) Subsection (4A) does not apply so far as a complaint relates to a deduction from wages that are of a kind mentioned in section 27(1)(b) to (j). ”
Amendment to the Working Time Regulations 1998
3. In paragraph (4) of regulation 16 of the Working Time Regulations 1998( 4 ) (payment in respect of periods of leave) after “(“contractual remuneration”)” insert “(and paragraph (1) does not confer a right under that contract)”.
Transitional provision
4. The amendment made by regulation 2 only applies in relation to complaints presented to an employment tribunal on or after 1st July 2015.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
17th December 2014
S.I. 2000/738 ; article 2 and Schedule 1 of the European Communities (Designation) Order 2000.
1996 c.18 ; references in section 23 to “industrial tribunal” were substituted with “employment tribunal” by virtue of section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c.8) .
S.I. 1998/1833 ; regulation 16 was amended by regulation 2(1) and (5) of S.I. 2007/2079 .
O.J. L 299, 18.11.2003, p. 9.