I would be most grateful if someone could point me towards the legislation or guidance that states deductions for (eg) damage caused by an employee must be made from net rather than from gross pay.
All previous threads seem to end in a consensus along the lines of "obviously it should come off the net" but my logic differs. The point (for me) is that the deduction is covered by the employment contract and is from pay. In the contract there is no concept of net pay, merely annual salary or hourly rate, both gross.
A client is going to tribunal and all advice given has been that deductions are from net, but the ACAS website gives an example (actually to cover dedutions from a retail employee, which have a 10% maximum deduction for shortfalls etc, but the principle is the same) which strongly suggests the deduction would be from gross pay. The wording states "There are extra protections for individuals in retail work that make it illegal for an employer to deduct more than 10% from the gross amount of any payment of wages....". ACAS made a comment to my client about the deduction being from net rather than gross, and I want to be able to show him that net is correct because of x x x, not just because everyone says so! Even more so when my logic is at variance to everyone else.
TIA for any help.