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Trade Union and Labour Relations (Consolidation) Act 1992, Section 68A is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A worker may present a complaint to an [F2employment tribunal] that his employer has made a deduction from his wages in contravention of section 68—
(a)within the period of three months beginning with the date of the payment of the wages from which the deduction, or (if the complaint relates to more than one deduction) the last of the deductions, was made, or
(b)where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that period, within such further period as the tribunal considers reasonable.
[F3(1A)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).]
[F4(2)Where a tribunal finds that a complaint under this section is well founded, it shall make a declaration to that effect and shall order the employer to pay to the worker the whole amount of the deduction, less any such part of the amount as has already been paid to the worker by the employer.]
(3)Where the making of a deduction from the wages of a worker both contravenes section 68(1) and involves one or more of the contraventions specified in subsection (4) of this section, the aggregate amount which may be ordered by an [F2employment tribunal] or court (whether on the same occasion or on different occasions) to be paid in respect of the contraventions shall not exceed the amount, or (where different amounts may be ordered to be paid in respect of different contraventions) the greatest amount, which may be ordered to be paid in respect of any one of them.
(4)The contraventions referred to in subsection (3) are—
(a)a contravention of the requirement not to make a deduction without having given the particulars required by section 8 (itemised pay statements) or 9(1) (standing statements of fixed deductions) of [F5the Employment Rights Act 1996],
(b)a contravention of [F6section 13 of that Act] (requirement not to make unauthorised deductions), and
(c)a contravention of section 86(1) or 90(1) of this Act (requirements not to make deductions of political fund contributions in certain circumstances).]
Textual Amendments
F1Ss. 68, 68A substituted (30.8.1993) for s. 68 by 1993 c. 19, s. 15, Sch. 9 para. 2; S.I. 1993/1908, art. 2(1), Sch. 1
F2Words in s. 68A(1)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F3S. 68A(1A) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 3; S.I. 2014/253, art. 3(g)
F4S. 68A(2) substituted (23.6.1998) by S.I. 1998/1529, arts. 2(2), 3
F5Words in s. 68A(4)(a) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(4)(a) (with ss. 191-195, 202)
F6Words in s. 68A(4)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(4)(b) (with ss. 191-195, 202)
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