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What can you do if your employer does not pay you as and when expected? If you have a problem over payment of salary or your bonus at work, we recommend that you seek legal advice.
If your employer has changed, reduced or withheld your pay or bonus, our team can advise on whether your employer acted fairly in doing so and, if not, can help you to get compensation. Rather than sit worrying, why not take advantage of our 45-minute fixed fee employment consultation for £195.00. Call us confidence on 01827 317063 or email employment@pickerings-solicitors.com and we may be able to answer any niggling questions very easily.
Payment and bonus disputes can be some of the most distressing disputes for employees. When you have worked to earn a payment it is extremely galling and can be financially damaging not to receive what you are entitled to. It can also be a difficult situation because you are still employed and want to receive the payment you are entitled to without further damaging the relationship with your employer. This is where an experienced lawyer can assist you.
Pickerings may be able to reduce your cost by talking through your situation and suggesting practical and legal next steps you could take. To arrange your 45-minute fixed fee employment consultation, contact our employment team on 01827 317063 or employment@pickerings-solicitors.com
Also see below for some of our frequently asked questions.
What to do if you have not been paid as expected
First of all, check with your employer. It may be that they have made a payroll error or that there is a reasonable explanation as to why the amount is less than you expected
When can an employer legally make deductions?
They can make deduction from your pay if:
- they overpaid you by mistake
- it’s a legal requirement, e.g. Income Tax or a court order
- your contract of employment allows the deduction
- it was agreed in writing in advance
- you did not attend work because you were on strike or taking industrial action
Check what your contract says and whether you have any other agreements in place such as refund of training fees.
What happens if I don't agree to the deduction?
This is when you should seek professional advice. The starting point would be to come to an agreement with your employer. It is easier to do this with the benefit of up-to-date legal advice. You should have access to your company's Grievance Procedure.
If however you cannot reach an agreement, there are a number of options open to you and we can advise on the most appropriate course of action for your circumstances. We can help with the following:
- Claiming compensation if you have had your pay or bonus unfairly reduced.
- Advising on your contract of employment and other documentation relating to bonus and pay
- Helping you to negotiate with your employer if you are keen to stay.
- Making a Employment Tribunal claim
- Making a discrimination claim
- Making an equal pay claim
- Making a breach of contract claim
Can I challenge my bonus payment?
Sometimes you may feel that you have no option but to challenge a bonus payment if it is significantly less than in previous years, does not reflect your high level of performance, or is different to the amount your employer had previously agreed with you. You should give careful thought to this before beginning a challenge and it is useful to have up-to-date legal advice. One of the consequences of mounting such a challenge is the possible further deterioration in the relationship between you and your employer, so you need a good grasp of the facts before you begin.
If you were not paid a bonus as stated in your contract
Some bonuses are a contractual right, such as when you are promised a certain amount when you achieve a specified target.
Your employer could also be obliged to pay you a bonus if they are awarded as part of the “custom and practice” of a business – for example, where bonuses have regularly been paid over a period of years where certain standards have been reached.
If a contractual bonus is not paid or is too low, you can make a claim for breach of contract.
My employer discriminated against me by not paying my bonus
If you have not been paid a bonus or been paid less than you were entitled to because of discrimination relating to your Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex or Sexual orientation then this would be a breach of the Equality Act 2010.
e.g. This can happen when a woman has not received her correct bonus entitlement following a period of maternity leave
In this case if the employer refuses to agree or act fairly, you may bring a discrimination claim in the Employment Tribunal within three months of the discriminatory act (or six months for equal pay claims).
Leaving employment - am I still entitled to a bonus?
It depends on the provisions in your contract and the circumstances in which the employment is terminated, Contracts often have 'good leaver' and 'bad leaver provisions'. Bad leaver provisions which generally apply in the case of gross misconduct dismissals often mean that earned but unpaid bonus may be forfeited.
If you're due to earn a large bonus and are considering resigning, we recommend that you seek advice from us using our Fixed Fee 45-minute employment consultation on your exit plan before you do so. To arrange your 45-minute fixed fee employment consultation, call 01827 317063 or employment@pickerings-solicitors.com
