Can employer take money out of my account?
Can employer take money out of my account?
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Discussion

djones123

Original Poster:

193 posts

172 months

Wednesday 22nd July 2020
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I have been tuped over and my new employer has asked me to fill up some online forms. On the bank details form there is a statement saying;

I voluntarily authorize XYZ to deposit or credit my net pay, including any other amounts due to me, and to initiate, if necessary, debit entires and adjustment for any depisits or credits made in error directly into my checking/savings account(s) as indicated above.


There is no option to decline it on the form. I am just wondering if its a normal practice? I don't want anyone to take money out of my account.

loskie

6,714 posts

143 months

Wednesday 22nd July 2020
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just annotate the form to state you do not give permission for this.

RSTurboPaul

12,774 posts

281 months

Thursday 23rd July 2020
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loskie said:
just annotate the form to state you do not give permission for this.
And make sure you keep a copy of it / email it for your records!

anonymous-user

77 months

Thursday 23rd July 2020
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Sounds american UK employers can't so this. They would have to deduct and payments from wages.

Countdown

47,161 posts

219 months

Saturday 25th July 2020
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djones123 said:
I have been tuped over and my new employer has asked me to fill up some online forms. On the bank details form there is a statement saying;

I voluntarily authorize XYZ to deposit or credit my net pay, including any other amounts due to me, and to initiate, if necessary, debit entires and adjustment for any depisits or credits made in error directly into my checking/savings account(s) as indicated above.


There is no option to decline it on the form. I am just wondering if its a normal practice? I don't want anyone to take money out of my account.
They can't take money OUT of your account without your permission. Firstly they'd have to be set up on AUDDIS and most Employers aren't. Secondly you're covered by the Direct Debit guarantee.

What they can do is take it out of your pay before it's paid to you. They're only legally allowed to make certain deductions (eg Tax, NI, overpayments) so they can't decide to deduct willy-nilly.

Jasandjules

71,911 posts

252 months

Saturday 25th July 2020
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No I would inform them they do not have permission to withdraw funds from your account. They can have the right to deduct from any payments made any previous errors etc.

clived

577 posts

263 months

Sunday 26th July 2020
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Nowhere does it say they will or will try to take money out of your account. It says they can debit your net pay if you have been overpaid - i.e. deduct the overpayment from a future payment so your net pay will be less that pay run.

spikeyhead

19,647 posts

220 months

Sunday 26th July 2020
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clived said:
Nowhere does it say they will or will try to take money out of your account. It says they can debit your net pay if you have been overpaid - i.e. deduct the overpayment from a future payment so your net pay will be less that pay run.
That wasn't quite how I interpreted the second half of the sentence.

[SIC]...and to initiate, if necessary, debit entires and adjustment for any depisits or credits made in error directly into my checking/savings account(s)

whitesocks

1,006 posts

69 months

Sunday 26th July 2020
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Your employer MUST ask your permission first before doing so.

Countdown

47,161 posts

219 months

Sunday 26th July 2020
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whitesocks said:
Your employer MUST ask your permission first before doing so.
Not always. An overpayment of salary is usually one of the few that can be deducted without permission but it’s normally in the contract.

craigjm

20,432 posts

223 months

Sunday 26th July 2020
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Your employer cannot take money out of your bank account. They can deduct money from your salary and do this all the time with tax and NI etc. They can’t, however, deduct anything else without your permission.

Unlawful Deduction of Wages is when a worker or employee has been unpaid or underpaid wages. There must be an actual deduction of wages, not just a proposal to deduct wages.

The Employment Rights Act 1996 (ERA) protects employees and workers from having unauthorised deductions made from their wages. If you sign that declaration then you are signing away your rights under the act.

Even if you don’t sign such a waiver the act does allow for

Deductions made to reimburse the employer in respect of an overpayment of wages or expenses incurred by the worker in carrying out their employment;

Payments made to third parties such as a pension scheme;

Deductions made by the employer on account of the worker having taken part in a strike or other action;

Deductions made to satisfy a court order or tribunal order for payment from a worker to an employer.

An employee or worker can bring a claim for unlawful deduction at the Employment Tribunal. The worker can seek a declaration, payment or repayment of the unlawfully deducted amount and in some circumstances, unlawful deduction of wages compensation for further financial loss.

The claim should be brought within three months, beginning with the date of payment from which the deduction was made. Where there is a series of deduction, the time limit begins with the last deduction in the series. Claims can be brought outside of this time limit, but will be subject to the Employment Tribunals strict discretion.



shep1001

4,618 posts

212 months

Tuesday 28th July 2020
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American bks. We have the same issues with them. What they do in the US won't fly in the UK - when management spout their bks on the global town halls, we just nod in agreement then ignore it.