How can you claim non-payment of salary?

Although technically a one-off or occasional failure to pay your salary is a breach of contract, it is not normally serious enough to entitle you to resign and claim that you have been constructively dismissed. There is, though an express or implied term in every contract of employment that your employer will pay your salary, and a persistent failure to comply with this obligation would indeed entitle you resign and claim constructive dismissal and breach of contract.

Alternatively, you may bring a claim in the employment tribunal for “unlawful deductions from wages” which is often a speedier remedy, and you can still remain employed whilst making a claim. A claim needs to be made within 3 months of the deduction or at the end of a series of deductions.

Limits on making a claim.

The Government has announced a planned change to the Employment Rights Act 1996 in relation to claims for deduction of wages. The change will mean that when making claims for a series of backdated deductions from wages, including any shortfall in holiday pay, the period that the claim can cover will be limited to a maximum of 2 years.

It is expected that the effect of this change will be to limit the scope for a claim for deductions from pay going back more than 2 years for any claim presented on or after 1 July 2015.


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