You should be entitled to receive pay for the work you do.
Rights are usually set out in the contract of employment, agreed between the employer and employee. Before you can raise the issue of unpaid wages, you need to get proof that the work was carried out and therefore had the right to be paid. It is unlawful for an employer not to pay your wages and or make deductions without the prior consent of the employee. Some deductions such as pension contribution, National Insurance, Tax etc are lawful deductions. Where no reason has been provided by the employer for unpaid wages or unlawful deductions, you can make a breach of contract claim.
If you have not received wages or an employer has made unlawful deductions from your wages you can do the following:
1) Make contact with the employer, best done in writing and give them a time frame for when they must respond, copy of this should be retained in the event you need to produce it as evidence
2) Can obtain advise from Advisory Conciliation and Arbitration Service (“ACAS”), trade union (if you are a member of a trade union) ACAS will deal the Early Conciliation process and prior to a claim being issued at the Employment Tribunal. The Early Conciliation process must be done within 3 months less one day.
What documents do I need to prove for unpaid wages claim?
You will need certain documents to prove a claim for unpaid wages, below are some examples:
1. Bank statements
2. Pay slips
3. Time sheets
Time limits for bringing a claim?
To take a claim to the Employment Tribunal, you have 3 months less one day from the date when the payment was due to you or if there have been a number of occasion where there have been unpaid wages then it is the last date it occurred.
To make a claim in the County Court for breach of contract claim for unpaid wages or unlawful deduction the time is 6 years from the date of non- payment.
So if you think you have a breach of contract claim for unpaid wages then you need to act swiftly due to time limit being very short.
This page is for information purposes only and should not be relied upon as a substitute to legal advice and does not amount to legal advice.