Employment tribunal claim for unpaid wages

Unpaid wages and employment tribunals:

Yes, you can bring a claim in the employment tribunal for unpaid wages. This is one of the most common types of employment tribunal claim. There are several legal routes depending on the circumstances, so it helps to understand which applies to you.

Legal basis for a claim:

The most common route is a claim for unlawful deductions from wages under Part II of the Employment Rights Act 1996, specifically section 13. This covers situations where your employer has failed to pay you wages that are properly payable, including salary, overtime, commission, holiday pay, notice pay, and other contractual payments. You do not need a minimum period of employment to bring this type of claim.

Alternatively, if the issue is a straightforward breach of your contract of employment, for example a failure to pay a contractual bonus, you may be able to bring a breach of contract claim in the tribunal, but only once your employment has ended.

Time limits:

This is critical. You must present your claim to the tribunal within three months less one day from the date of the last deduction or underpayment. If the deductions are part of a series, the time runs from the last in the series, but there is a longstop limit of two years back from the date you present your claim for a series of deductions, introduced by the Deductions from Wages (Limitation) Regulations 2014.

Before you can issue a tribunal claim, you must first notify ACAS through the early conciliation process. The clock effectively pauses while early conciliation is ongoing, which can give you a short extension.

Practical steps in a sensible order:

1. Check your contract of employment, payslips, and any correspondence to establish exactly what you are owed and when it should have been paid. Keep clear records.

2. Raise the issue in writing with your employer. A clear, factual email or letter setting out what is owed and asking for payment within a reasonable deadline, say 14 days, is a sensible first step. This also creates a paper trail.

3. If your employer does not respond or refuses to pay, contact ACAS to start early conciliation. This is free and is a mandatory step before you can file a tribunal claim. ACAS will try to help you resolve the dispute without a hearing.

4. If conciliation does not resolve the matter, you can then file a claim with the employment tribunal using form ET1, which can be done online. There is no fee to bring an employment tribunal claim at present.

5. Consider whether it may be simpler to pursue small amounts through the county court as a straightforward debt claim, particularly if your employment has ended. The county court has a six-year limitation period for contractual debts, which can be useful if you are outside the tribunal time limit.

Things to be aware of:

The tribunal can award the net amount of wages owed. It cannot award compensation for injury to feelings or general damages in a simple wages claim.

If you are still employed, think carefully about the practical dynamics. You are legally protected against being dismissed or subjected to a detriment for asserting a statutory right such as unpaid wages, but the reality of workplace relationships is worth considering. Sometimes a well-drafted letter resolves the issue without the need for a claim.

If there is any suggestion that your employer is insolvent or about to cease trading, speed becomes important. You may need to explore the National Insurance Fund route through the Redundancy Payments Service, which can cover certain unpaid wages, holiday pay, and notice pay in insolvency situations.

Key facts that matter:

To give you more tailored advice, it would help to know whether you are still employed or have left, how much is owed and over what period, whether the amount was contractually due or disputed, and whether you have raised the issue with your employer already. Each of these factors affects the best route forward.