Employees are entitled to be paid for the work that they carry out. Employees are entitled to receive the following from their employers:
- Salary or wages – these will be set out in any contract that you have with the employer or agreed when you start employment. Reference to pay might also be found in any collective agreements that operate in your workplace.
- National minimum wage – if you do not have an agreement with your employer in relation to salary or wages then you are entitled to at least national minimum wage. The current minimum wage rates per hour are as follows:
£8.21 staff aged 25 and over – rising to £8.72 after April 2010
£7.70 staff aged 21-24 -rising to £8.20 after April 2020
£4.35 staff under 18 – rising to £4.55 after April 2020
£3.90 apprentice rate – rising to £4.15 after April 2020
- Holiday pay – statutory minimum rates apply to all employees. Full-time employees are entitled to 5.6 weeks of holiday entitlement per year. Holiday entitlement is also available to employees who work zero-hours contracts, those who work only during term time and those who work shifts. The full-time entitlement of 5.6 weeks per year is pro-rated for part-time employees or those who have irregular hours. Employees may have a contract that gives them a right to additional holidays above the statutory minimum.
- Sick pay – statutory minimum rates of £94.25 per week apply and this is payable for up to 28 weeks of absence. This applies to all employees; however, an individual’s contract of employment may give then entitlement to a higher rate of pay, sometimes referred to as occupation sick pay or enhanced sick pay.
- Bonus – some employees might have a contractual right to a bonus payment. This would normally be set out in an individual’s contract of employment.
- Maternity leave and paternity leave – statutory minimum rates apply. Fathers are entitled to one or two weeks’ paternity leave at the rate of £148.68 per week or 90% of weekly earnings. Mothers are entitled to six weeks at 90% of their average weekly earnings and for the then £148.68, or 80% of average weekly earnings for the remaining thirty-three weeks. However, an individual’s contract of employment might give them the right to an enhanced entitlement.
- Leave for bereaved parents – parents who lose a child under the age of 18, or suffer a stillbirth (this is counted from week 24 of pregnancy) have a statutory entitlement to two weeks paid leave. An individual’s contract of employment might give them an enhanced entitlement.
If you don’t receive any of the sums that you are entitled to, or you have been paid less than you should have you might be entitled to pursue a claim for unlawful deductions in the employment tribunal.
You have 3 months, minus a day, to make a claim from the date that you were meant to be paid. If you have had an ongoing deduction of holiday pay, where your payment has been incorrect over a long period of time, then you the time limits still apply and your claim can be backdated for up to 2 years. For holiday pay cases the time limit will run from the date of the last deduction.
How we can help you
Not being paid the sums that you are entitled to can leave you in a difficult position. Our employment law specialists can guide you through the process of claiming the payments that you are entitled to and guide you through the Employment Tribunal process. Watermans can deal with your claim in the quickest possible time to ensure that you are not left out of pocket for too long.