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Wages Dispute Solicitors - Employment Law Compensation Claim
Our specialist employment law solicitors operate in all areas of dispute regarding wages between employees and employers. Our solicitors are able to pursue or negotiate a wages claim on your behalf and can provide representation anywhere in the United Kingdom. If you would like an initial free consultation for advice with a solicitor to find out whether you have a good case, how to go about claiming and how much your compensation might be worth you can call the helpline or complete the contact form or email our offices. If after talking to a wages solicitor you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
The term wages includes fees, commissions, bonuses, holiday pay, statutory sick pay, statutory maternity pay and pay in lieu of notice (if paid under a contractual provision, but not if genuinely paid as compensation for failing to give notice).
Wages Law Solicitors
In general, employers cannot make deduction from the amount to be paid except for specific reasons which may include:-
- Where deductions are authorised by law, eg. under the PAYE provisions
- Where deductions are authorised by the employee in advance of the event
- Where deductions are made to reimburse the employer for overpayment of wages or expenses.
There are certain other times when an employer can make a deduction, eg. if the employee was engaged in industrial action.
The law sets down the minimum amount that can be paid to adult workers (aged 22 and over) and to young people (aged 18 to 21). Currently these are set, as at October 2005, at £5.05 and £4.25 per hour respectively.
Generally, a person qualifies for the National Minimum Wage if he/she is a worker who is (or ordinarily works) in the United Kingdom and has ceased to be of compulsory school age. There are certain types of workers that are excluded, eg. under 19 trainees on Government training schemes or resident family workers or resident home help. The self-employed do not qualify under these regulations.
The position with regard to the payment while sick is different. Sick pay entitlements are determined by the contract of employment (other than statutory sick pay which every employee has a right to have for up to 28 weeks providing that they are under the age of 65) and it is in fact one of the terms that must be addressed in the written contract or statement of particulars of employment. Regardless of the contractual position, if an employee is leaving and off sick during his or her statutory notice period, he or she must still be paid in full for that period.
The Working Time Regulations 1998 set minimum holiday entitlements for most workers and they are entitled to these amounts in addition to their normal pay, although sometimes in certain occupations and in certain circumstances holiday pay can be rolled into the wages payment structure.
Employers are obliged to provide employees with an itemised pay statement at or before each pay day. If the employer fails to do this, the employee can apply to the Employment Tribunal for a declaration to this effect.