Not receiving payment for work you’ve completed is frustrating, unfair, and can create serious financial stress. Whether you’re an employee, contractor, or self-employed worker in the UK, you have legal rights when wages are withheld.
Knowing what steps to take, how the law protects you, and where to turn for help can make a real difference in recovering what you’re owed.
This article walks you through what to do, your legal options, and how to prepare your case to get your rightful payment as quickly as possible.
What Does It Mean to Not Get Paid for Work You’ve Done?
Unpaid work refers to a situation where you’ve completed work as agreed but haven’t received the wages or fees you’re owed. This can happen in various forms, whether you’re missing your full paycheck, haven’t received overtime, or your client hasn’t paid an invoice.
Employers are legally bound to pay you at the agreed time, usually stated in your contract or payslip schedule. If you’re self-employed, you should be paid according to your invoicing terms.
Common forms of non-payment include:
- Full wages not received
- Underpayment or shortfall
- Deductions without explanation or agreement
- Complete lack of response from the employer or client
This situation can legally amount to a breach of contract, unlawful deduction, or non-payment of invoice, depending on your work status.
Can Your Employer Legally Refuse to Pay or Delay Your Wages in the UK?
Employers must pay wages on time, as per the agreed payment schedule. Any refusal to pay or unnecessary delays without valid reasons can be considered an unlawful deduction of wages under UK employment law.
However, there are limited scenarios where deductions are legally allowed:
- Income tax, National Insurance, and pension contributions
- Overpayments made in error
- Contractually agreed deductions (e.g. uniform cost or damaged property)
Even if deductions are legally permitted, they must be clearly explained on your payslip. If your employer fails to provide a valid reason or doesn’t inform you, they’re breaching your rights.
The law also protects retail workers with rules on deductions, ensuring no more than 10% of pay is taken in any one period for stock or cash losses.
What Are Your Rights If You Haven’t Been Paid in Full or at All?
As a worker in the UK, you’re protected under the Employment Rights Act 1996. Whether you’re full-time, part-time, agency staff, or even wrongly labelled as self-employed, you may be entitled to claim.
Your rights include:
- Receiving pay on time for the work you’ve done
- Being paid at least the National Minimum Wage
- Receiving statutory pay for sick leave, holidays, and maternity/paternity leave
- Having wages protected from unauthorised deductions
You can take action if:
- Your wages are delayed without explanation
- You’re consistently underpaid
- Deductions were made without your consent
- Your pay falls below minimum wage due to deductions
If your employer breaches any of these, you have a legal right to challenge them through internal grievance procedures, ACAS conciliation, or tribunals.
Does Minimum Wage Law Still Apply If You’ve Been Underpaid?
Yes, it does. Regardless of your role or status, UK law requires employers to pay the National Minimum Wage (NMW) or National Living Wage (NLW) depending on your age. This applies even if your employment contract states a lower rate.
If deductions take your pay below the legal minimum, your employer could be breaking the law. In such cases, you can report them to HMRC, who may investigate and issue fines or order them to pay you the arrears.
This protection also applies if you were promised commission or bonuses that reduce your hourly pay below the NMW. It’s your legal right to be fairly compensated.
How Should You Respond If You Haven’t Been Paid by Your Employer?
Failing to receive your wages is serious. Acting quickly and correctly ensures you protect your rights and strengthen your case.
Check Your Payslip and Contract
Review your payslip and employment contract to identify discrepancies. Look for:
- Missing hours or incorrect rates
- Unauthorised deductions
- Payment date inconsistencies
Talk to Your Employer First
Approach your employer or payroll department and ask for a written explanation. Be polite but firm. You may be able to resolve the issue quickly this way.
Checklist for this step:
- Bring your payslip and contract
- Ask for written confirmation
- Keep a record of the conversation
Raise a Formal Grievance
If informal discussion fails, write a formal grievance letter detailing:
- The amount owed
- The dates of missed payments
- Copies of relevant documents
Contact ACAS for Early Conciliation
ACAS offers a free service to help you and your employer resolve the issue without going to a tribunal. You’ll need to attempt this before making a legal claim.
What Can Self-Employed Workers Do If a Client Doesn’t Pay?
As a freelancer or contractor, you’re not covered by employment law in the same way as traditional employees. However, contract law gives you several powerful tools for enforcing payments.
Start by reviewing your contract or invoice terms. Make sure your client has received the correct invoice with payment terms clearly stated (typically 14 or 30 days).
Initial actions you can take:
- Send a polite but firm payment reminder
- Include the invoice, due date, and outstanding amount
- Add a note about late payment interest if applicable
If the client continues to avoid payment, take these next steps:
Escalation options:
- Send a final demand or Letter Before Action
- Add interest and compensation under the Late Payment of Commercial Debts Act
- Use the Money Claim Online (MCOL) portal to file a legal claim
- Instruct a debt recovery agency (as a last resort)
Freelancers also have the right to claim debt recovery costs and statutory interest, provided the terms were clear in advance.
What Legal Options Are Available to Claim Unpaid Wages in the UK?
When communication breaks down and your pay is still withheld, legal action may be the only way to recover your earnings. Fortunately, UK law offers two main legal pathways, depending on your employment status and timing.
Option 1: Employment Tribunal
- Ideal for employees and workers
- Covers wage disputes, holiday pay, notice pay, and deductions
- Must file within 3 months minus one day from when the payment was due
- Free to file, but you must first complete early conciliation with ACAS
Option 2: Small Claims Court (County Court)
- Ideal for the self-employed or those who missed tribunal deadlines
- Claim up to £10,000 using Money Claim Online
- Time limit: 6 years from the date payment was due
| Legal Action | Best For | Deadline |
| Employment Tribunal | Employees and workers | 3 months – 1 day |
| Small Claims Court | Self-employed individuals | Up to 6 years |
Both routes can lead to legally binding judgments. If successful, the court may order your employer or client to repay the full amount owed, including interest and costs.
What Happens If Your Employer Is Insolvent?
When a business goes bust, it doesn’t mean your wages are lost forever. The government offers support through the Redundancy Payments Service (RPS).
If your employer is insolvent, you can claim:
- Up to 8 weeks’ unpaid wages
- Holiday pay
- Statutory notice pay
- Redundancy pay (if eligible)
You must apply through the Insolvency Service and provide proof of your employment and the owed amount. Payment is usually capped, and delays may occur due to administrative processing.
How Can You Gather and Use Evidence to Strengthen Your Claim?
Strong evidence increases your chances of recovering unpaid wages. The more documented proof you have, the easier it is to resolve the issue.
What to Collect:
- Employment contract or service agreement
- Timesheets or clock-in records
- Emails or messages confirming work assignments
- Payslips and payment schedules
Organise Your Evidence Like This:
| Document Type | Purpose |
| Contract or agreement | Establish payment terms |
| Payslip | Show missing or reduced payments |
| Emails or messages | Confirm tasks, hours, or role expectations |
| Timesheets | Validate hours worked |
| Bank statements | Prove missing payments |
Well-organised evidence not only strengthens your claim but also demonstrates credibility, making it easier for tribunals or courts to rule in your favour.
What Are the Next Steps If Your Employer Still Refuses to Pay?
If all other options fail, you may need to escalate the matter formally. Here’s what to consider.
Understand the Financial and Legal Implications
Filing a tribunal or court claim may take time. Assess whether it’s worth it based on the amount owed and the potential stress or employer backlash.
Seek Legal Advice
Speak with an employment law adviser, especially if you’re unsure about the strength of your case. They can help guide you through the process and avoid missteps.
Submit Your Claim on Time
Don’t delay. Submit your ET1 form to the tribunal before the 3-month minus one day deadline or file in court within six years if applicable.
Prepare for the Outcome
A successful claim could result in wage recovery, interest, and possibly compensation for distress. However, prepare for the possibility of enforcement actions if your employer refuses to pay even after a judgment.
Conclusion
Not being paid for your work is not only unethical, it’s often illegal. Whether you’re employed or self-employed, you have the right to challenge this.
Start by understanding your situation, speaking with your employer, and gathering evidence. If informal discussions fail, take formal action through ACAS, a tribunal, or small claims court.
The key is to act fast, know your rights, and stay persistent. With the right approach, you can recover what you are rightfully owed and protect yourself in the future.
Frequently Asked Questions
How much can you claim in the small claims court for unpaid work?
You can claim up to £10,000 in the small claims court for unpaid wages or invoices. This includes interest and court fees.
Can you take action if you were paid late but eventually received the money?
Yes, you can still report consistent late payments as unlawful deductions. This can support a claim for breach of contract.
What if you were paid incorrectly due to payroll errors?
You should notify your employer and request correction with back pay. If unresolved, you can raise a grievance or file a claim.
Do you need a solicitor to file a claim against an employer?
No, it’s not required, but legal advice can strengthen your case. Many people represent themselves successfully in tribunals or court.
Can you be fired for taking legal action over unpaid wages?
Legally, your employer cannot dismiss you for asserting your wage rights. If they do, it could lead to an unfair dismissal claim.
What support can ACAS provide beyond early conciliation?
ACAS offers free advice, guidance, and neutral support during disputes. They help facilitate agreements before formal legal steps.
Is there a difference between being “self-employed” and “worker” in these cases?
Yes, workers have access to tribunals and protections under employment law. Self-employed individuals must use contract law via civil courts.
