If you are owed unpaid wages or have paid you less than you are entitled to, you will be able to claim them back or have a claim for breach of contract or even constructive dismissal.
It is unlawful for your employer to take money out of your wages or deduct your pay without your consent. There is usually a clause in a contract allowing your employer to make some deductions from your pay.
There are some limited exceptions where a deduction will be permitted – whether you have given your consent or not – such as if you were overpaid. If you work in the retail industry or in a restaurant, your employer can take up to 10% of your gross wages to cover any shortfall in your till. They can make deductions over a course of many weeks, as long as they don’t take more than 10% of your pay at any one time. If you leave their employment, they can deduct the full amount outstanding from your final pay.
My employer has not paid me this month. What can I do?
A failure to pay your wages would be in breach of contract and an unlawful deduction from your wages. However, a one off late payment will not normally justify resignation and a claim for constructive dismissal. You should raise a grievance with your employer to try and resolve the matter. If you continue not being paid, this will almost certainly entitle you to take action. Many people consider resigning and bringing a claim for constructive dismissal in this situation.
Before you resign, call us for free on 08000 614 631 in confidence and without obligation. We’ll explain your options.
My employer hasn’t paid me my notice pay.
Not paying you your notice pay is a breach of contract claim. The breach of contract – or wrongful dismissal – can be made to the Employment Tribunal. If the notice pay owed is more than £25,000. The claim would need to be made in the County Court. We can negotiate with your employer or alternatively, issue a claim in a Tribunal for you.
How do I recover the money I am owed?
This is where we come in. Employment law is our speciality.
If you are still owed wages by your employer after trying to recover them yourself, a threat of legal action from a solicitor will usually be enough. We have a lot of success in achieving a speedy payment for a fixed fee. If your employer is still refusing to pay, then you can bring a claim in a County Court or start the mandatory Acas Early Conciliation process before issuing an Employment Tribunal claim.
How long do I have before bringing a claim?
You must have commenced the mandatory Acas Early Conciliation process within 3 months (less one day) from the date the wages were owed to you.
If it is a deduction or shortfall in your pay, the time limit starts running from the date on which payment was due.
A claim for breach of contract in the County Court has a time limit of six years from the date of non-payment.
What do I do now?
This is where we come in. Employment law is all we do.
It can often feel like your employer holds all the power. They will most likely have experienced HR professionals or a solicitor working in the background. That’s why you need the best support and advice available. You need a specialist employment lawyer – one who will push for the best outcome for you.
We understand how it feels. We have helped hundreds of employees and because we act for businesses too, we know the tactics you’re likely to face from your employer. We know every trick in the book.
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We’d like to talk to you to see what we can do to help, so please either call us anytime for free on 08000 614 631, email us or use the form below