Employers who have not already done so, are strongly urged to review their policies and procedures now to avoid costly claims in the future. The most publicised provision of the Regulations sets a limit of an average of 48 hours work per week. The method of calculating the average hours is complex but can be extended by agreement either by means of a collective agreement, a workforce agreement or by individual agreement. Other regulations create protection for workers and minimum annual leave and daily and weekly rest periods. Last Cawthra Feather are offering a free audit and risk assessment of companies' and contracts of employment.
Employers can make deductions in respect of overpayment of wages or expenses.
Unauthorised deductions can be pursued before an Industrial tribunal. The remedy is quick, cheap and relatively simple for the Employee. The provisions of the Act have strict application. For example, an Employee may take too much holiday as the holiday year progresses in advance of actual entitlement. If an Employee is entitled to a certain number of days annual holiday and leaves the firm having already taken more holiday than has accrued to him by the date of departure and Employer might understandably think itself entitled to deduct net pay representing the number of days taken above the entitlement from the final pay packet .