Employment Law

Employment Law

Pay Dispute Solicitors

Pay disputes can be highly stressful for any employee, and, if handled incorrectly, they can result in a financial shortfall and damage to your career prospects. By getting in touch with the expert pay dispute solicitors at Clough & Willis, we can help you reach a positive outcome. 

Our employment lawyers have a wealth of experience advising on salary and bonus disputes of all kinds, including conflicts over unpaid wages, holiday and sickness pay allowances, breaches of contract and issues over equal pay. We are committed to helping you find the best possible conclusion to your case, including representing you at an employment tribunal when necessary. 

At Clough & Willis, we understand that pay disputes can create a significant amount of stress and uncertainty, which is why we aim to provide compassionate, pragmatic advice at every stage of the process. By working with our solicitors, we will help you move forward with your life and career, and to secure the outcome you deserve. 

If you are involved in a salary or bonus dispute with your employer and want to discuss a legal claim, call the pay dispute solicitors at Clough & Willis on 0800 083 0815 for a free, no-obligation chat. You can also fill out our online enquiry form to request a call back at a time that suits you.

How we can help

At Clough & Willis, our solicitors are experts on all aspects of employment law, and have years of experience supporting those who have not been paid money that is owed to them by their employer. 

Our legal team will offer you guidance on your rights as an employee, and help you identify the most effective way of seeking recourse for your specific grievance. 

We can provide support on the following matters: 

  • Providing legal advice when your regular salary has not been paid on time or at the rate agreed in your contract
  • Taking action when you feel you have been denied a contractual or discretionary bonus for reasons that are unjustified
  • Contesting an unlawful deduction from your wages
  • Enforcing your legal right to receive holiday pay, sickness pay, statutory notice pay or wages to cover parental leave
  • Helping you make an equal pay claim if you feel you have been paid at a lower rate than your colleagues for discriminatory reasons 

If you are looking to bring forward a pay dispute claim, it is important to seek legal advice as soon as possible, as a three-month time limit applies if you wish to escalate your case to an employment tribunal. As such, it is advisable to call us at the earliest opportunity to find out how Clough & Willis can help you. 

With offices based in Bolton and Bury, our pay dispute lawyers have worked with clients from all backgrounds across the North West and beyond. In each case, we will assess the specifics of your circumstances to help you find the best way forward.

What is the process for resolving a pay or wage dispute?

If you feel you have not been paid according to the terms of your contract, it is important to first raise the issue with your employer in order to ensure this has not been the result of an error. This may require you to raise a formal grievance to make sure the issue is properly investigated, and ideally resolved. 

If your employer is unable to resolve the matter to your satisfaction, you may be able to bring a claim against them through an employment tribunal. Before you do this, you must first notify the Advisory, Conciliation and Arbitration Service (Acas), who will explore the possibility of addressing the matter through their early conciliation system. 

If this is unsuccessful, you will be able to make your case to the employment tribunal, during which you and your solicitor will aim to make the case that the employer has acted unlawfully. Visit our employment tribunal page to find out more. 

For those seeking to launch an employment tribunal case, there is a time limit of three months (minus one day) to make a claim, so it is vital to seek guidance from a solicitor at the earliest opportunity.

When can I make a claim for an unlawful deduction of wages?

An employer is not lawfully permitted to make any deductions from an employee’s wages unless they have the contractual right to do so, even if damage has been caused to the employer's property or stock due to carelessness or negligence. 

The employer is also required to act reasonably in terms of the deductions made, providing reasonable notice of their intentions and the reasons for it; the amount also needs to be deemed reasonable with respect to the employee's earnings, meaning it is not permitted to deduct the whole of the wage for that pay period. 

If an employee disputes the reason for the deduction or the right of the employer to make the deduction, it could lead to a grievance or employment tribunal claim against the employer.

When can I make a claim for holiday pay?

All full-time workers are entitled to 5.6 weeks’ worth of paid leave per year, while part-time staff are entitled to a similar amount, as scaled pro rata according to the number of days they are working.

Holiday pay should be paid at the same rate as a standard working day, and an employer is not permitted to replace an employee's statutory holidays with payment. If your employer fails to meet any of these standards, it may be possible to make a claim against them.

When can I make a claim over an equal pay dispute?

The government’s equal pay legislation is designed to ensure that men or women are not discriminated against by being given lower rates of pay than those of the opposite gender who are working in a comparable role. 

In order to make an equal pay claim, you must be able to point to a specific colleague of the opposite sex who is paid more than you despite doing essentially the same work, or work that can be classed as being of equal or equivalent value. 

If this can be proven, it will be up to the employer to demonstrate that this difference is due to a legitimate material factor other than gender. If they are unable to do so, an equality clause will be added to your contract of employment to ensure you receive equitable terms, and you may also claim arrears of pay for up to six years prior.

Need help right away?
Contact Clough & Willis

If you are looking for employment law advice or representation, speak to the solicitors at Clough & Willis today. With offices in Bury and Bolton, we can help you through the entire process, providing support and guidance at every stage

Contact us today to speak to an employment law solicitor by calling 0800 083 0815, or fill out an online enquiry form and we will get back to you at a convenient time.

 

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