Getting paid on time and correctly is best practice for employers to keep to the terms of employment contracts. If this is not achieved, not only can it cause stress and inconvenience, but it goes against important legislation employers must follow.
To cover some of the most common queries when it comes to employers not paying employees, Premier Legal are here to help with every situation.
What to Do If My Employer Hasn’t Paid Me for a While
With this situation, it may be due to longer term financial reasons and result in it being more difficult to receive any pay owed. If employers refuse to say why they haven’t paid or plan to pay and other employees also haven’t been paid, it’s recommended to talk to an adviser before resigning. However, by resigning, there is still the option to take legal action against the employer.
What to Do If I Have Been Underpaid
Employees are legally entitled to an itemised payslip which shows the hours worked and hours they’ve been paid for. If one payslip is wrong and shows an underpayment, this may be due to human error and an honest mistake, so talk to payroll or employer and raise this issue with them.
If payments are consistently late or wrong, there may be a bigger issue. Make sure to double check the payslip and employment contact and talk it through with HR or payroll to fully understand entitlements. If this is confirmed to be incorrect and underpaid, write a letter or an email to the employer why it is wrong.
The employer may agree immediately that there has been a mistake and will rectify this by paying back what was missing without waiting for the next payroll processing date. However, if the employer does not respond, it might have to lead to raising a formal grievance following the employer’s grievance procedure.
What to Do If My Employer is Deducting My Pay
Another check that should be made when receiving a payslip is whether all statutory payments have been received. This includes holiday pay, money accrued from overtime or commission, sick-pay or contractually agreed bonuses.
Employers can make authorised deductions such as Income Tax, National Insurance, pension contributions, paid training (if agreed between employer and employee). Any other deductions that are not agreed to in writing are considered as unauthorised and unlawful. Raise this concern with the employer or payroll immediately to try and resolve the situation.
What to Do If My Employer Refuses to Pay Me
In the UK, there are a few exceptions where an employer can refuse to pay wages. This includes if they are on strike, they will only work to rule, they only provide part service and when it’s written into the employment contract.
If an employer is refusing to pay for any other reason, then this is an issue that needs to be raised internally through the grievance procedure.
When Should I Seek Legal Advice If an Employer Hasn’t Paid Me?
Make sure not to wait too long before claiming for unpaid wages or unauthorised deductions. There is a strict time limit of three months, less one day and the claim should be made in writing with as much supporting evidence as possible. If there has been no response from the employer in around 7 days, then the employee should seek legal advice and consider making an employment tribunal claim. At Premier Legal, we are able to advise you on whether to defend a claim or reach a settlement when it comes to incorrect wages. Give us a call today to discuss your situation and let us help you reach the best possible outcome.
