Employer Withdrawing Pay

What To Do If Your Employer is Withholding Pay

There are often circumstances in life and work that we’re unhappy with. Some of them are within our control, yet others are caused by the actions or mistakes of others. Unpaid wages is one of them.

When your employer is withholding your pay, it can be a stressful time. This experience can affect your life in many ways, so it’s important to understand why this is happening and what you can do about it.

Unpaid Wages & Unauthorised Deductions

Under the 1996 Employment Rights Act, you as an employee have the right to full payment of your salary, which includes time entitlements, commissions and bonuses. Many things like gratuities for compensation in life, insurance payments and retirement are not counted as salaries, nor are things like fuel costs, travel allowances and pensions.

If you have noticed that you have had unauthorised deductions or you’ve not received your pay in full, you will want to check your payslip first. You can also check your employment contract to see if either document has an explanation for the discrepancy.

Speaking To Your Employer

However, if you cannot find a clear reason for the unpaid wages, and your employer doesn’t seem to have followed the recommended rules for deductions, you will need to speak to your employer. 

If your pay is wrong or you haven’t been paid correctly, then you’ll want to see if you can resolve the issue with management, finance or the human resources department. Ask them to explain anything you do not understand on your payslip or why you haven’t been paid correctly – and if your employer has made a mistake, ask them to pay any money they owe you straight away. If they do not see a problem with your payslip, or they are being uncooperative, you will need to raise a grievance with them.

Steps to take if you aren’t getting anywhere…

  • Speak to a trade union

If you’re in a trade union they must negotiate for you with your employer. If you are not in a trade union, find out if you can enter one at your place of work or by clicking here. For more information on trade unions, you can take a look at your company handbook, intranet or on job notice boards.

  • Request An Employment Tribunal

When your pay is wrong or you haven’t been paid, and you haven’t been able to resolve things informally, you do have the right to request an Employment Tribunal. Here, you will need to make a breach of contract claim to get your unpaid wages. You can also try to claim things like bank charges that you have lost as a result of the unauthorised deductions or missing pay.

Alternatively, you can get advice from your local Citizens Advice, or you can resolve things by getting in contact with us at McPartland & Sons.