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- What does the law say happens when the employment ends?
- Can the creditor start again at your new employer?
- Does the debt go down while nothing is being deducted?
- What else can a creditor do if your wages are out of reach?
- What changes and what does not when you switch jobs?
- What actually ends the deduction instead?
- What do you need to tell a new employer?
- Related guides
- Frequently asked questions
Leaving a job does end the arrestment served on that job, because section 47(2) of the Debtors (Scotland) Act 1987 ends one when you cease to be employed by that employer. It is not a way of stopping enforcement, because the debt is untouched and a fresh schedule can be served on your new employer.
The legal answer is clean. An arrestment attaches to earnings from one particular employment, so the employment ending takes the arrestment with it.
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The practical answer is less comfortable. Nothing about the balance changes, and the creditor still holds whatever authority it used the first time.
This guide is about whether it works as a tactic. What happens to a wage arrestment if you leave your job covers the mechanics of leaving, and whether a new employer has to continue one covers the other side.
What does the law say happens when the employment ends?
The arrestment ends with it. Section 47(2) gives three ways an earnings arrestment stops, and ceasing to be employed by that employer is one of them.
The three endings in section 47(2)
Under section 47(2) of the Debtors (Scotland) Act 1987 an arrestment takes effect when the schedule is served on the employer and runs until the debt is paid or otherwise extinguished, the employment ends, or it is recalled or abandoned.
Section 47(2) gives those three endings, and an arrestment does not transfer to a new employer by itself. Nothing carries it across without a fresh service.
The schedule binds the employer it was served on
Section 47(1) puts the duty to deduct on the employer served with the schedule. A different employer has been served with nothing, which what an earnings arrestment schedule is sets out.
This is not a decision about your debt
Changing jobs is a decision about your work, your income and your household. Treating it as debt strategy puts those things at risk for a pause rather than a solution.
Can the creditor start again at your new employer?
Yes. Nothing transfers automatically, so the creditor traces the new employer and serves a fresh earnings arrestment schedule on them.
What has to happen before a deduction can start again
| The step | Why it matters |
|---|---|
| The creditor identifies the new employer | There is nothing to serve until it knows who to serve |
| A debt advice and information package has been given no earlier than 12 weeks before service | s.47(3): without it the arrestment does not take effect |
| A new earnings arrestment schedule is served on the new employer | s.47(2): the arrestment comes into effect on the date of that service |
| The new employer applies the statutory tables from the next pay day | s.47(1): the duty to deduct arises on every pay day and the money is paid over as soon as reasonably practicable |
The 12-week package attaches to the service
An earnings arrestment does not take effect unless the creditor gave you a debt advice and information package no earlier than 12 weeks before the schedule was served, under section 47(3).
That precondition applies to the fresh service as it did to the first. What documents you should receive before a wage arrestment covers what should reach you.
How long the gap lasts is not something you can plan around
The gap runs from the day the old employment ends to the day a fresh schedule is served. Neither end of that is in your control.
Budgeting on a pause of a particular length is a way of being caught out. Treat any gap as temporary and use it on advice rather than on the assumption it will last.
The balance is the same balance
Deductions already taken were credited against the debt, so the new schedule starts from what is left. What happens to money already taken covers the closing figures worth checking.
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Does the debt go down while nothing is being deducted?
No. A gap in deductions is a gap in payments, and for council tax the passage of time does not run the balance out either.
What a pause is actually worth
Net monthly earnings of £2,000.00 produce £212.50 a month under the tables substituted by the Diligence against Earnings (Variation) (Scotland) Regulations 2024, in force since 6 April 2025.
A gap of a few months is that figure multiplied by the months, still owed at the end of it. Nothing has been written off.
The 20-year period does not run down in the gap
Council tax is excluded from the five-year short negative prescription and falls under the 20-year long negative prescription, and since 28 February 2025 a relevant claim extends that period until it is finally disposed of rather than restarting it. When council tax debt becomes statute barred sets out how the period runs.
A summary warrant also carries no expiry. How far back a council can chase council tax arrears covers the period point in full.
What else can a creditor do if your wages are out of reach?
An earnings arrestment is one diligence among several. A creditor holding the right authority can use a bank arrestment or an attachment instead.
A bank arrestment reaches your account
The protected minimum balance of £1,000 sits in section 73F(3)(a) of the 1987 Act, on the face of the statute since 1 November 2022, and what a bank arrestment is covers the 14-week release and the four-week objection window.
Attachment reaches goods, within limits
Ordinary attachment applies to goods outside a dwelling, and a long list of household items is protected. What sheriff officers can take from your home sets out what is and is not reachable.
Only one diligence against the same employment
Where a new schedule is served, only one diligence against earnings can operate against the same employment at a time, and a second ordinary creditor has to apply for a conjoined arrestment order instead.
A current maintenance arrestment is the exception and can run alongside an ordinary earnings arrestment. That combination survives a change of employer no better than any other.
Benefit income runs through a different route
For a third party deduction from Universal Credit the council applies to the DWP rather than serving anything on you, and in Scotland it must already hold a summary warrant or a decree.
What changes and what does not when you switch jobs?
One thing changes and most things do not. The table below is the honest version of the trade.
The whole picture in one table
| What you might expect to change | What actually happens | Where it comes from |
|---|---|---|
| The arrestment served on the old employer | It ends when you cease to be employed by that employer | s.47(2), Debtors (Scotland) Act 1987 |
| The debt itself | Unchanged, and still owed in full | The arrestment is a means of recovery, not the obligation |
| The creditor's authority | Unchanged, because the summary warrant or decree is unaffected | A summary warrant carries no expiry |
| Money already deducted | Credited against the debt and not refunded | Deductions were payments towards the balance |
| The new employer | Operates nothing until a fresh schedule is served on them | s.47(2) and the schedule binding only the employer served |
| Whether the 20-year period runs out on council tax | A relevant claim extends it until the claim is finally disposed of, and a payment does not touch it either way | s.7(3) to (5), Prescription and Limitation (Scotland) Act 1973 |
| What else a creditor can use | A bank arrestment or an attachment, where it holds the right authority | Separate diligences with their own rules |
The prescription row
That row is the one that undoes the whole idea. A live claim holds the 20 years open, so a gap between jobs is not the period running down.
Why this is not a plan
The one thing it buys is a gap of unknown length. Everything else that mattered before is still there afterwards.
There are routes that end an arrestment on a fixed date instead. How you stop a wage arrestment in Scotland sets them out.
What actually ends the deduction instead?
Clearing the balance, a statutory debt solution, or the creditor recalling or abandoning the arrestment. A Time to Pay Order also obliges the sheriff to recall an existing earnings arrestment, but it is not settled whether an earnings arrestment on its own makes an application competent, so ask a money adviser or the sheriff clerk first.
The statutory routes
An approved Debt Payment Programme under the Debt Arrangement Scheme stops an existing earnings arrestment and freezes interest, fees and charges. Sequestration ends one on the date of sequestration, and a protected trust deed on the date of protection.
A statutory moratorium is the exception. It does not stop an earnings arrestment that was already running.
Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order that came into effect before the moratorium began.
Whether a statutory moratorium stops a wage arrestment covers what it does still block, and the schemes are run through the Accountant in Bankruptcy.
The limits on a Time to Pay Order
- The debt outstanding must be £25,000 or less, excluding interest.
- The sheriff must be satisfied that an order is reasonable in all the circumstances.
- It is not competent once certain diligences are well advanced.
- HMRC and Revenue Scotland debts are excluded.
Whether an earnings arrestment on its own opens the door to an application is not settled, so check competency with a money adviser or the sheriff clerk before relying on the route.
Paying it off
Clearing the whole balance ends the arrestment under section 47(2), and a part payment does not change the deduction. Whether paying a lump sum ends a wage arrestment early covers what the balance includes.
Where the arrestment may be wrong
Section 50 of the 1987 Act covers validity and how an arrestment is being operated, which whether a wage arrestment can be stopped once it has started runs through. It carries no affordability ground.
What do you need to tell a new employer?
Nothing about the debt itself. If a fresh schedule is served, payroll deals with it because the statute requires them to, and only the people who process it need to know.
Who finds out, and whether the job is at risk
Only payroll and whoever handles the paperwork need to know, which whether your colleagues find out covers.
There is no law allowing an employer to dismiss someone for having a wage arrestment, and whether your employer can sack you for having a wage arrestment covers where that protection starts and stops.
Starting a new job while one is running
If you are moving jobs for reasons of your own, the arrestment on the old employment ends with it. That is a consequence of the move rather than a reason for it.
Use the change as the prompt to get advice. The routes with fixed dates work whether or not you move.
What to do first instead
Book free money advice, get the current balance in writing, and ask about the routes with fixed dates. Free debt advice in Scotland lists the organisations, and guidance sits on mygov.scot.
Frequently asked questions
Does a wage arrestment follow you to a new job?
Not by itself. The arrestment ends when you cease to be employed by the employer the schedule was served on, and a creditor has to trace the new employer and serve a fresh schedule.
Is changing jobs a way to stop a wage arrestment?
It ends that particular arrestment but not the debt, and a fresh schedule can be served on the new employer. The routes that end enforcement have fixed dates in statute instead.
Does the debt reduce while there is no deduction?
No. A gap in deductions is a gap in payments, and for council tax the balance does not run out while the debt is being actively enforced.
Does your old employer have to tell the creditor where you went?
The arrestment falls with the employment, and a creditor that wants to arrest again has to trace the new employer and serve a fresh schedule. Ask a money adviser about your own situation rather than assuming either way.
Can a creditor still take money if you have no employer?
An earnings arrestment needs an employer to serve, but a bank arrestment and an attachment are separate diligences. A creditor holding the right authority can use those instead.
Do you have to tell a new employer about a wage arrestment?
Not about the debt. If a schedule is served, payroll operates it because section 47(1) requires them to, and only the people processing it need to know.
Can a new employer refuse to take you on because of it?
There is no law allowing dismissal for having a wage arrestment, and employees with two years’ qualifying service have unfair dismissal protection. Some regulated roles involve fitness and propriety checks, where an arrestment on its own is not a bar.
What is the fastest way to end the deduction?
The routes with fixed dates: the date of sequestration, the date a trust deed is protected, or approval of a Debt Payment Programme. A Time to Pay Order obliges the sheriff to recall an existing earnings arrestment, but whether an arrestment on its own makes an application competent is not settled, so ask a money adviser or the sheriff clerk first.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.