Complete Guide to Reclaiming Unpaid Wages & Notice Pay
If your employer has not paid you or withheld your notice period pay, you have the right to claim. This guide explains wage claims, notice pay rights, and tribunal recovery.
Key fact: You have up to 6 years to claim unpaid wages. Minimum wage underpayment claims can be brought for up to 20 years in Scotland and 6 years elsewhere.
What wage claims can be made?
Common claims include unpaid wages, unpaid notice period, unpaid holiday pay, underpayment of minimum wage, unpaid overtime, and recovery of illegal deductions from pay.
Your rights under UK law
- Employment Rights Act 1996 Section 13: Protects you from unlawful deductions from pay.
- National Minimum Wage Act 1998: Guarantees you the legal minimum wage. Underpayment is recoverable.
- Working Time Regulations 1998: Protects holiday pay entitlement (statutory minimum 5.6 weeks).
- County Court or Employment Tribunal: Can order payment of wages plus interest.
Step-by-step wage claim process
- Calculate the amount owed. Gather payslips, contracts, work records to prove underpayment.
- Request payment in writing. Give your employer a final chance to settle before formal claim.
- If they refuse, lodge a tribunal or court claim. You can claim at county court (no limit) or employment tribunal (up to 25,000 pounds in some cases).
- Provide evidence of hours worked and agreed pay rate. Emails, messages, payslips, and witness statements all help.
- Tribunal or court orders payment. Usually paid within 4 weeks of judgment.
Common scenarios
Scenario 1: Not paid for final month after resignation
You have a statutory right to payment for all work done. Claim through tribunal. Most succeed as evidence is clear.
Scenario 2: Minimum wage underpayment
If your hourly rate falls below the legal minimum (different by age), you can claim back pay. Government publishes the rates.
Scenario 3: Unpaid overtime
If your contract requires payment for overtime or you agreed to extra hours for extra pay, you can claim. Provide evidence of hours worked (emails, timesheets).
Scenario 4: Illegal deduction (e.g., "breakages" or "till shortage" charges)
Employers cannot make deductions unless you agreed in writing (and even then it must be reasonable). Challenge these deductions and reclaim.
Key deadlines
- Wage claim: 6 years from the date of underpayment (minimum wage up to 20 years in Scotland).
- Notice pay claim: 6 years from when it was due.
- Tribunal claim: 3 months from the last underpaid date (strict).
- Interest on late payment: Courts award interest from the date the payment was due.
Where to escalate
Employment Tribunal: For claims up to 25,000 pounds (wage claims usually smaller).
County Court: For claims over tribunal limits or where you prefer court procedure.
HMRC National Minimum Wage team: Can investigate employer for systematic underpayment.