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Staff Parking Charges — Employment Law if Deducted Without Consent

Some NHS trusts charge staff for parking permits, and some private operators issue charges to staff vehicles. Where parking charges are deducted from salary or wages without prior written consent, this constitutes an unlawful deduction from wages under the Employment Rights Act 1996. Additionally, charging NHS staff for car parking at NHS sites is contrary to government guidance, and many parking charges issued to staff vehicles operating in official capacity may be challengeable under the operator's contract with the trust.

Legal basis

Employment Rights Act 1996 s.13 (unlawful deduction from wages); NHS staff parking guidance; contract of employment

How to identify this in your case

You are an NHS employee and either: (a) a deduction for parking has been made from your wages without your written consent, or (b) you received a parking charge as an NHS employee working on site in official capacity. Check your contract of employment and payslip.

Sample appeal wording

I am writing regarding parking charge/deduction [reference] in respect of vehicle [registration] on [date]. As an employee of [NHS Trust], I am affected by this matter in two ways: [IF WAGE DEDUCTION:] A deduction of £[amount] has been made from my wages in respect of parking charges. Under the Employment Rights Act 1996 s.13, deductions from wages can only be made if: (a) required or authorised by statute, (b) authorised by the worker's contract, or (c) the worker has given prior written consent. None of these conditions was met. I require immediate reimbursement of £[amount]. [IF PARKING CHARGE:] I am an NHS employee who was parked at [site] in connection with my official duties. NHS staff attending site in official capacity should not receive parking charges under the trust's arrangements with the parking operator. Please cancel this charge/reimburse the deduction within 14 days or I will raise an employment tribunal claim for unlawful deduction from wages.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Employment Rights Act 1996 s.13
  • NHS staff parking guidance

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