Trade Union and Labour Relations (Consolidation) Act 1992

88 Application of provisions of Wages Act 1986. E+W+S

(1) The following provisions apply where a certificate has been given by a worker to his employer for the purposes of section 86.

(2) Nothing in the worker’s contract, or in any agreement or consent signified by him, shall be taken for the purposes of [F1 section 13 of the Employment Rights Act 1996] (general restriction on deductions from wages) as authorising the making of deductions in contravention of the obligation imposed on the employer in consequence of the giving of the certificate.

(3) No complaint under [F2 section 23 of the Employment Rights Act 1996] (complaint to industrial tribunal in respect of unauthorised deduction) shall be presented in respect of a deduction made in contravention of the obligation imposed on the employer in consequence of the giving of the certificate unless a declaration has been made under section 87(2), either before or after the date of payment of the wages from which the deduction was made, that the employer has failed to comply with that obligation.

(4) [F3 Section 23(2) of the Employment Rights Act 1996] (time limit for presenting complaint) shall be read in relation to a complaint in respect of such a deduction, or of a series of deductions of which such a deduction is the last, as referring, if it is later, to the date of the declaration instead of to the date of payment of the wages from which the deduction was made.

Textual Amendments

F1 Words in s. 88(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(5)(a) (with ss. 191-195, 202)

F2 Words in s. 88(3) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(5)(b) (with ss. 191-195, 202)

F3 Words in s. 88(4) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(5)(c) (with ss. 191-195, 202)