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My Employer Owes me Money, What can I do?

If your employer owes you money, has made unlawful deductions from your salary or refuses to pay you the pay you are legally entitled to, you might need to make a claim at the employment tribunal.

Our team of expert no-win-no-fee employment law solicitors are here to help you get back what you are so rightfully owed.

My employer owes me money

There are different situations an employee can find themselves in where they are owed money from their employer.

It might be that the employee is still in service of the company or they may have recently left. The pay owed could be a full monthly payment or the employee could have simply been underpaid by a specific amount.

No matter the scenario, the employer is legally obliged to pay their employees for the time worked without making unlawful deductions, withholding statutory pay or withholding contractually agreed upon bonuses and other contributions.

Why Have I been Underpaid?

Sometimes an employer’s reasons for underpaying staff are completely harmless. It could be that they simply got your hours mixed up with another staff member or some time sheets got lost in other paperwork. Luckily, in a situation such as this the problems can generally be solved internally, without any further fuss.

However, in some scenarios the reasons for underpaying you may not have been so harmless. As regrettable as it may be, there will always be employers who will do what they can to get away with scamming and swindling their hard-working staff.

If your payments are becoming consistently late or are consistently wrong there may be underlying issues. However, no matter the reason, your employer is responsible to abide by their contractual obligations towards you and pay you the wages you are owed.

Employers Withholding your Final Pay

We have seen cases of employers withholding final pay-checks from former employees after they left the company, with the assumption the employee would not find it worthwhile to pursue further action.

In another scenario the employer may have made significant deductions from the final amount owed to the employee, outside of what is legally allowed.

An employer is authorised to deduct tax, national insurance, pension contributions, overpaid wages and deductions previously agreed upon between employee and employer.

If your employer has deducted money from your final pay without authorisation or where they have failed to pay you your outstanding wages altogether you have the right to make a claim against them at an employment tribunal.

How Reasons for Leaving the Company can Affect Final Pay

Not receiving your final pay can leave you feeling frustrated and stressed, right at a time you should be focusing on your future.

Regardless of what the circumstances were in which you left the company, your employer is legally obliged to pay you for the hours you have worked.

Even in a worst-case scenario where you were fairly dismissed for gross misconduct, you must still be paid for the time you have worked.

If you have recently left a company and were not paid on your usual payday date, you should contact your former employer immediately.

If you cannot reach your employer, don’t hear back from them and you haven’t received your pay after several days have passed, then now would be the time to approach an employment law solicitor.

It is not advisable to ‘wait and see’, as there are strict time limitations in which you can make claims at the employment tribunal after you have left a company.

At AWH Solicitors all our employment law services are provided on a no-win-no-fee basis, helping you get the money you are owed without first having to pay more.

Employers Deducting Pay

Whether you are missing a contractually agreed upon bonus, holiday pay or money accrued from hours of overtime or commission, you have the right to receive it.

It is also not uncommon for employers to withhold statutory payments such as sick-pay, either by accident or on purpose.

If you believe there is a likelihood your employer deducted money without legal reason, you may also want to check that you received any statutory payments you were owed were in fact paid out.

Legal Entitlement to Payslips

In the UK you are legally entitled to a payslip, which should state clearly and in detail any deductions that are taken, as well as a clear overview of your total pay and what this was based on..

If you disagree with any of the deductions or feel that other payments you were owed were not included, you should firstly raise this with your employer or HR team.

If you are met with an unhelpful response, feeble reasoning or you notice that the issues continues to happen without a satisfactory solution being found, you should seek outside counsel.

Contact our team of highly skilled employment law solicitors for more information on what you can do in your situation.

All our employment law services are provided on a no-win-no-fee basis, so our clients don’t have to worry about any financial implications of starting proceedings.

Authorised Deductions your Employer can Make

As mentioned earlier, the authorised deductions your employer can make include:

  • Deductions for tax and national insurance
  • Agreed pension contributions
  • If you have been accidentally overpaid
  • If deductions are ordered by court or the authorities, such as being issued a fine
  • Any other expenses, such as paid training, which has been agreed by you

If you have received less pay than you were promised, or deductions were made in addition to the ones from this list and your employer did not give you any good reason for doing so, it was likely an unauthorised deduction and therefore unlawful.

What Action Can I Take when my Employer Refuses to Pay?

Upon discussing your case with a member of our team, you will be advised on the best course of action and the following steps to take.

There are very strict time-frames for making a claim, and a claim for unlawful deduction of wages can only be submitted to an employment tribunal up to three months after the deduction occurred.

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