What can you do if your employer hasn't paid you?

When payment is required, failure to pay you constitutes a breach of the employment contract by your employer. It may constitute a fundamental breach of the employment contract which would entitle you to rescind the contract and terminate the employment relationship. You can consult an employment solicitor regarding a breach of contract claim.

Failure to pay your wages to you is also called an ‘unauthorised deduction’ from wages. It is illegal under employment law for an employer to do this. Note that there are some limited circumstances in which your employer can deduct money from your pay. If they have overpaid your wages then they can deduct it from your subsequent pay, however they legally need to inform you before they do so. Normally, an employer should negotiate a repayment period with you so that you are not left out of pocket due to their error.

You can try to recover unpaid wages or ‘unauthorised deductions’ by making a claim either with an employment tribunal or through the civil court system. The best thing to do if you are owed wages by your employer is to initially raise the issue with your employer directly. If negotiating with your employer fails, you should write a formal letter to the Human Resources Manager and/or use the formal grievance procedures in place in the company.

If the grievance procedures do not work then you should look at making a claim in an employment tribunal or in the court system. There are strict time limits that apply to making a claim: to make a claim through the employment tribunal you need to do so within 90 days of the money not being paid; to make a claim through the court system you need to do so within six years. It is highly advisable to speak to an employment solicitor before you commence a claim with either an employment tribunal or the courts. An employment solicitor can provide you with necessary legal advice and represent you during your claim.

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