What is a wage loss claim?

It is essential that employers are open and honest about explaining payment to employees. Under the law, employees must receive the agreed pay for work they have undertaken in accordance with their employment contract and conditions of employment.

Where an employer withholds any of your pay, this is known as a deduction of wages.  Your employer may have made a deduction from your wages because:

• They have not paid you the wage agreed 

• They have not paid you any wages at all

• They have paid your wages late or not paid you regularly 

• They have not paid you bonus or commission payments 

• They have not paid you holiday pay, Statutory Sick pay, Statutory Maternity Pay, Statutory Paternity Pay or Statutory Adoption Pay

 •They  have made other deductions from your pay 

Where your employer has done any of these things, it is possible that they may have broken the law. If your employer has done any of these things, they may have broken the law.

If you are concerned about any deductions from your pay, you should speak to your employer first. You may request details from your employer  about how they have calculated your wage and question why certain deductions have been made.

If your employer does not give you an explanation that is satisfactory, you can then raise a claim for unlawful deduction from wages with an employment tribunal.

If you have left your employment or decide to leave it is important to be aware that a claim must be brought within three months of leaving the employment. The three month time limit if you are still in the employment begins on the date the deduction as made. However, this time limit will be extended by at least a month if you enter into what is known as ‘early conciliation’.

Before you can make an employment tribunal claim you must contact Acas to inform them of your intention to make a claim. The will then assist you with early conciliation – a process of reaching a settlement with your employer. If you cannot reach a settlement through Acas, you can then begin your claim with the employment tribunal – you may be required to pay a fee to do this.

If you are successful in making your claim, the tribunal can:

• Order your employer to pay back the full amount deducted from your wages
• Order your employer to pay back any amount unlawfully deducted if they have deducted more than they should have

If you are dismissed as a result of your attempts to reclaim any unlawful deduction of wages, it is possible to make a claim to an employment tribunal for unfair dismissal. Where you are unable to make a claim with an employment tribunal, you may be able to make a claim in the courts for damages for breach of contract. You should speak to a specialist employment law solicitor who will be able to advise you of the best way to proceed.

In some circumstances, you may not be able to make a claim to an employment tribunal. If this is the case, you may be able to sue your employer for damages or breach of contract. You should get legal advice about this.

Contact Us – Wage Loss Glasgow

If you are an employee or employer looking for advice about wage loss or any other employment law matter, Employment Law Glasgow's specialist lawyers can help. To get in touch, please complete our online enquiry form.