Employment
Breach of contract and unlawful deduction from wages claims
Pay and contractual disputes can have an immediate and serious impact on your finances, your confidence at work and your ability to plan ahead. If your employer has failed to pay wages, commission, overtime, notice pay, holiday pay, bonus payments or other contractual sums, you may have legal remedies available.
We advise employees on the difference between a breach of contract claim and an unlawful deduction from wages claim, the time limits that apply, the evidence required and whether the matter should be pursued through ACAS Early Conciliation, the Employment Tribunal, the civil courts or by negotiated settlement.
What these claims can involve
We can assist with disputes relating to unpaid or underpaid sums, including:
- Unpaid wages, salary, overtime or shift payments.
- Unpaid notice pay, contractual sick pay or contractual holiday pay.
- Unpaid commission, bonus payments, expenses or allowances.
- Deductions for alleged overpayments, training fees, equipment or damage.
- Changes to pay, hours or duties imposed without agreement.
- Final salary disputes following resignation, dismissal or redundancy.
Assessing the contract and the evidence
The starting point is usually the employment contract, payslips, offer letters, staff handbook, commission or bonus scheme, rota records, emails and any written explanation given by the employer. Some contractual rights are clearly written down, while others may arise from consistent practice, verbal agreement or the way pay has been calculated over time.
We will help you understand whether the employer had a lawful basis for the deduction or non-payment, whether there has been a contractual breach, and what evidence is needed to establish the amount owed. Where figures are disputed, we can assist in preparing a clear schedule so that the loss is properly particularised.
Resolving the dispute
Many pay disputes can be resolved by a carefully drafted letter before action or by negotiations during ACAS Early Conciliation. Where payment is not made, we can advise on issuing proceedings and on the risks, costs and likely value of the claim.
We aim to give direct, practical advice so you know whether the sum is recoverable, what the next step should be, and whether there are wider employment issues such as victimisation, whistleblowing, discrimination or constructive dismissal arising from the same circumstances.