Employer Hasn't Paid You?

How to get back unpaid wages and unlawful deductions

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Summary

  • Your employer can only take money from your pay if the law requires it (like tax) or you've agreed.
  • Wages include holiday pay, overtime, commission, bonuses and sick pay.
  • You're protected from day one, whether you're an employee or a worker.
  • Complain to your employer in writing first. If that fails, go to Acas, then make a tribunal claim.


If your employer has paid you less than you're owed, docked your wages or not paid you at all, the law is on your side.

Unlawful deduction of wages is one of the most common workplace claims, and you can bring it from your first day.


What is an unlawful deduction?

Whenever you're paid less than you're properly owed, that counts as a 'deduction' in law. Not being paid at all counts too.

A deduction is only lawful if:

  • it's required by law, such as tax, National Insurance or student loan repayments
  • your contract allows it, and you were told about that term in writing before the deduction
  • you agreed to it in writing before it was made.

There are a few other exceptions, such as your employer recovering an earlier overpayment of wages.


What counts as wages?

Wages cover far more than your basic pay, including:

  • overtime, commission and contractual bonuses
  • holiday pay
  • statutory and contractual sick pay
  • statutory maternity, paternity and adoption pay
  • shift allowances and other contractual payments.

Pay in lieu of notice and expenses aren't wages, but you may be able to claim them in other ways. See notice pay and PILON.


Common examples of unlawful deduction of wages

  • Your final pay never arrives after you leave.
  • Money is taken for till shortages, breakages or uniforms without your written agreement.
  • You're charged for training costs that your contract doesn't cover.
  • Your pay is cut without your agreement.
  • Commission or overtime you've earned isn't paid.
  • Your holiday pay leaves out regular overtime or commission.


What to do: a step-by-step plan

1. Check your payslips. Compare them with your contract, timesheets and bank statements, and work out exactly what's missing.

2. Ask in writing. Many mistakes are genuine. Write to your employer or payroll with the figures and ask them to put it right by a set date.

3. Raise a grievance. If they don't pay, make a formal complaint in writing. Here's how to raise a workplace grievance.

4. Start Acas early conciliation. You must contact Acas before you can make a tribunal claim. Here's how Acas early conciliation works.

For deductions made on or after 1st October 2026, you normally have six months less one day from the date of the deduction. If there's been a series of deductions, the clock runs from the last one. More on the new tribunal deadline.

5. Make a tribunal claim if it's still not sorted out. Here's how to make an employment tribunal claim.


What can you get back?

A tribunal can order your employer to repay whatever was wrongly deducted. It can also award extra for losses the deduction caused you, such as bank charges. Claims can usually go back up to two years.

Being underpaid can also be a sign of a wider problem. If your employer cut your pay without your agreement, you may have other options, including resigning and claiming constructive dismissal.

Resigning is a big step and the timing matters, so weigh it up first. Grapple Law can help you do that.


How Grapple Law can help

Grapple Law is a legal AI. It helps you work out what you're owed, whether a deduction was lawful and what your deadline is.

It can then write a clear demand to your employer, raise a grievance and, if needed, help you prepare a tribunal claim.

It's free to start, with a choice of legal services at a fraction of the cost of a traditional solicitor.

GET STARTED


FAQs about unlawful deductions of wages

Can my employer take money from my pay for a mistake I made?

Only if your contract allows it, or you agreed in writing beforehand.

In retail jobs, deductions for cash shortages or stock losses can't be more than 10% of your gross pay (your pay before tax) on any payday, apart from your final pay.

I'm a worker, not an employee. Am I covered?

Yes. The right covers workers as well as employees, including many casual, zero-hours and agency workers.

My employer says they can't afford to pay me. What can I do?

Money problems aren't a valid defence.

If your employer becomes insolvent (goes bust), you may be able to claim some unpaid wages, notice pay and holiday pay from the Redundancy Payments Service. That's the government service that pays some of what you're owed when an employer can't.

Can I be sacked for complaining about my pay?

No. Dismissing an employee for asserting this kind of legal right is automatically unfair, with no minimum length of service needed.


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