Disputes in the workplace can be frustrating, and when you feel like you’re in the right, it can be difficult to know what to do or where to turn.
If your employer is withholding pay after you’ve quit your job, there are a few things you should know.
Our employment solicitors here at Robertsons Solicitors can help guide you through this process and help you to get the pay you’re entitled to.
An employee is entitled to be paid for any work completed up to the point of their resignation. This includes things like holiday pay, commission, and bonuses. You should receive any payment due for any notice period. If your employer is withholding any of this pay, you can make a claim in an employment tribunal.
How long after quitting do you get paid?
In the UK, there is no law specifying how long after quitting an employer has to pay you.
However, most employers will have a policy in place regarding this, so it’s best to check with your HR department or manager to find out when you can expect to be paid.
If your employer doesn’t have a policy in place, the general practice is to pay out your final wages on your next scheduled payday.
However, if you have quit without notice, your employer may withhold your final wages until your notice period would have ended.
Can an employer withhold pay after termination in the UK?
Your employer is legally required to pay you for any outstanding holiday pay, wages, or other benefits you’re entitled to when you leave your employment. If they don’t do this, they’re breaking the law.
Although there are some cases where they may be able to withhold your final wages to cover the amount that you owe them.
However, they can only do this if they have a valid reason for doing so, such as outstanding expenses or unpaid loans and your contract or other documentation allows for a deduction from your wages.
If your employer has failed to pay you what you’re owed, you can contact them directly to try and resolve the issue. If this doesn’t work, or if you feel like you’re being treated unfairly, you can make a claim through an employment tribunal.
What happens to my pay if I quit my job without notice?
If you quit without giving notice, your employer may withhold payment for the amount of notice they were expecting.
For example, if your contract states that you must give two weeks’ notice and you quit without doing so, your employer could legally withhold pay for those two weeks.
Usually, the amount withheld will be deducted from your final wages.
However, in some cases, your employer may require you to repay the amount owed immediately.
If your employer does withhold pay after you quit without notice, you may be able to challenge the decision.
For example, if you have already paid for leave time that you didn’t use, your employer may not be able to deduct that time from your final pay.
Generally, if you leave your job without notice, you may not be entitled to receive any payment for the notice period.
However, your employer may choose to pay you in lieu of notice (PILON). This means they would give you a lump sum that covers the salary you would have earned during the notice period.
Employers don’t have to offer PILON, so it’s worth checking your contract to see if this is something they would do.
If you’re not sure what to do or think your employer has treated you unfairly, you can get advice from an employment solicitor.
They’ll be able to tell you if you have a case and how to take it forward.
Can an employer withhold pay after termination in the UK?
If you’ve been fired for cause, your employer may be within their rights to withhold pay.
However, if you’ve been let go without cause, your employer should still provide you with your final paycheck.
Here are some reasons why an employer can withhold pay termination of a contract:
- If an employee is being paid in lieu of notice, their employer can withhold this from their final wages
- If an employee has not worked their full notice period, their employer may withhold payment for the amount of time they were expecting
- If an employee has breached their contract in some way, their employer may withhold pay as a form of compensation
- If an employee owes money to their employers, such as for expenses or damages, their employer may withhold payments to recoup these costs.
Generally speaking, if you’ve been let go without cause, your employer should still provide you with your final payment.
If you have any questions about your rights or what you’re owed, it’s best to speak with a solicitor.
What are my options if my employer is withholding pay?
If your employer withholds pay after quitting, you have a few options. You can contact your employer directly and try to resolve the issue.
If you’re unable to resolve this, you can file a claim at an employment tribunal. You can also contact your local Citizen’s Advice Bureau for more information or speak to ACAS about your options.
Filing a Claim With an Employment Tribunal
If you’ve tried resolving the issue with your employer and have been unable to agree, you can file a complaint with an employment tribunal.
To do this you will first have needed to contact ACAS, you’ll then need to fill out a claim form and submit it to the tribunal. Include as much information as possible about your case, including any correspondence you’ve had with your employer.
The tribunal will then review your case and decide whether or not to hear it. If they decide to hear your case, they’ll set a date for a hearing. At the hearing, both you and your employer will have an opportunity to present your side of the story
The tribunal will then decide whether or not your employer owes you money.
If the tribunal decides in your favour, they’ll order your employer to pay you the money they owe you.
If your employer doesn’t pay, you can take them to court to enforce the tribunal’s decision.
If you think your employer has withheld pay from you unfairly, you may be able to get help from a solicitor.
A solicitor can give you advice about your rights and help you decide whether or not to take your case to a tribunal. They can also represent you at the tribunal if you decide to go ahead with your case.
If my employer hasn’t paid me, do I need to get a solicitor?
If you’re owed wages and your employer isn’t responding to your requests for payment, you may need to take legal action as outlined above.
A solicitor can help you understand your rights and options and can represent you in court if necessary.
The best employment solicitors will be able to tell you if you have a case for wage deduction and can help you get the money you’re owed.
When you instruct a solicitor, they will send a letter to your employer on your behalf to help resolve the process at an early stage.
If your employer doesn’t respond or refuses to pay, you can take them to court.
The court process will involve a hearing, where both you and your employer will have a chance to present your case.
If the court rules in your favour, they can order your employer to pay you the money you’re owed.
Taking legal action can be stressful, so it’s important to choose a solicitor you feel comfortable with.
Make sure to ask about their experience in cases like yours, and whether they think you have a strong case.
And finally…
We understand that dealing with an employer can be stressful, especially if you’re owed money.
That’s why we’re here to help.
We’ll guide you through every step of the process and make sure you get the pay you’re entitled to.
Contact one of our experienced and friendly team members who have dealt with situations like yours before. Fill out our easy-to-use online enquiry form and we’ll phone you back.
