Unpaid Wages & Tribunals
Not being paid what you are owed, whether that is your regular wages, accrued holiday pay, or notice pay, is a straightforward breach of your rights, even if your employer disputes it. This page also explains, at a high level, how the employment tribunal process works for anyone considering a claim.
What the law says
Part II of the Employment Rights Act 1996 protects employees and workers against unlawful deductions from wages. A deduction is only lawful if it is required or authorised by legislation, permitted under your contract and properly notified to you in advance, or you have given prior written consent. This protection covers underpayment as well as formal deductions, so it applies where your employer simply fails to pay wages that were properly due, including unpaid holiday pay and unpaid notice pay.
Where a claim for unpaid wages cannot be resolved directly with your employer, the usual route is the employment tribunal. At a high level, the process generally runs: ACAS early conciliation first, which is normally mandatory before a claim can be lodged; then, if conciliation does not resolve matters, submitting a claim form (an ET1) to the tribunal; an exchange of relevant documents and witness statements between the parties; and, if the case has not settled by then, a final hearing where a judge decides the outcome.
The usual time limit for bringing a claim is three months less one day from the date of the deduction, or the last deduction in a series. Time limits in this area are strict and tribunals have limited discretion to extend them, so it is important not to delay.
How RGF helps
We start by working out exactly what you are owed, whether that is wages, accrued but untaken holiday pay, or notice pay your employer has not honoured, and check this against your contract and payslips. We then advise on the most effective way to recover it, which is often a direct, well-evidenced demand before any tribunal claim becomes necessary.
Where a claim is the right route, we handle ACAS early conciliation and guide you through each stage of the tribunal process, explaining what to expect at each point so the process itself feels less daunting, whether your case settles early or proceeds to a hearing.
What to do next
Speak to one of our solicitors to find out where you stand. We will explain your options in plain English before you decide what to do next.
Frequently asked questions
What counts as an unlawful deduction from wages?
Under Part II of the Employment Rights Act 1996, your employer cannot make a deduction from your wages unless it is required or authorised by statute, permitted by your contract, or you have given prior written consent. This covers not only formal deductions but also cases where your employer simply fails to pay wages properly owed, including unpaid holiday pay and unpaid notice pay.
Is unpaid holiday pay covered by this?
Yes. Holiday pay you are entitled to but have not been paid is generally treated as an unlawful deduction from wages, and can be recovered through the same route as unpaid wages.
What happens at an employment tribunal?
Most claims start with ACAS early conciliation, then a claim form (an ET1) if the matter is not resolved. The tribunal process typically involves an exchange of documents, witness statements, and a final hearing where a judge, sometimes alongside lay members, decides the outcome. Many cases settle before reaching a final hearing, often through negotiation or further ACAS involvement.
How long do I have to claim unpaid wages?
The usual time limit is three months less one day from the date of the deduction, or the last in a series of deductions, and ACAS early conciliation is normally required before a claim can be lodged. Where deductions have happened repeatedly, the rules on what counts as part of the same series can be technical, so it is worth checking your position promptly.