NOTICE BEFORE ACTION LETTER TO EMPLOYER FOR UNLAWFUL DEDUCTIONS FROM SALARY – Template

[Your Full Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]

Date: [Insert Date]

[Employer’s Name / HR Department]
[Company Name]
[Company Address]
[City, Postcode]

Subject: NOTICE BEFORE ACTION – Unlawful Deduction of Wages

Dear [Employer/HR Manager’s Name],

I am writing to formally notify you of an unlawful deduction from my salary in the sum of £[amount], which was removed from my pay on [date(s)] without my written consent and without any lawful authority such as an Attachment of Earnings Order issued by a competent court.

Under Section 13 of the Employment Rights Act 1996, no deduction may lawfully be made from an employee’s wages unless:

  1. The deduction is required or authorised by statute (e.g., tax, National Insurance, or a court order);
  2. The employee has given their prior written consent; or
  3. The deduction is authorised by a clear term of the employment contract, which the employee has been provided with in writing.

No such lawful basis applies in this case. Accordingly, your action constitutes an unlawful deduction from wages.

In addition, by processing and transferring my salary funds to a third party without my consent, you may also be in breach of your obligations under the Data Protection Act 2018 and UK GDPR.

Action Required:

Immediate repayment of the unlawfully deducted amount of £[amount] to my bank account no later than [insert date 30 days from the date of this letter]; and

Written confirmation that no further deductions will be made without lawful authority or my express consent.

Please treat this letter as a formal Notice Before Action. If the funds are not returned within the timeframe specified above, I will have no alternative but to:

File a formal claim with the Employment Tribunal under Sections 13 and 23 of the Employment Rights Act 1996; and

Seek recovery of the sums unlawfully deducted, plus any interest and costs incurred in enforcing my rights.

This letter is sent without prejudice to any further legal remedies available to me.

I look forward to your immediate confirmation of repayment.

Yours sincerely,

[Your Full Name]

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