How to Get Help Claiming Unpaid Wages from an Employer - Prolegal

How to Get Help Claiming Unpaid Wages from an Employer

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Has your employer been deducting money from your pay without your agreement? Have they failed to pay you at all?

It is unlawful for an employer to make a deduction from your pay unless:

  1. It is required by statute or a clause within your employment contract (eg tax, national insurance, student loan, CSA payment or pension contribution)
  2. You have given your prior written consent to the deduction (eg to repay an advance)

You can bring an Employment Tribunal claim for deductions from any wages, bonuses, commission or holiday pay.

Your employer may claim that the deduction was lawful by arguing that your particular circumstances are legally excluded. Examples of payments that are excluded include expenses you have incurred in the course of your employment or any benefits that cannot be exchanged for money, goods or services.

You can claim for a declaration from the tribunal that the employer had unlawfully deducted your wages as well as a payment of the sum that was deducted. In some cases, the tribunal may award a compensatory sum for any financial loss you sustained as a result of the deduction.

This statutory protection is available to all workers who have entered into a contract to perform any work or services, including agency and casual workers.

We can advise as to the best way to recover your lost wages and help you:

  • draft a grievance letter about deductions from your pay
  • bring a claim to the Employment Tribunal

A claim for unlawful deduction from wages must be brought within 3 months of the most recent deduction so don’t delay in seeking advice from our experienced team.

 

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Prolegal Solicitors Specialists in Employment Law