Wages and Breach of Contract claims
Unlawful deductions from wages
Under the Employment Rights Act 1996, workers are protected from unauthorised deductions being made from their wages. An unauthorised deduction would include an employer’s failure to pay employees their full weekly or monthly pay. In such a situation, we will advise you on the best way to reclaim such sums, whether on its own or as part of an unfair dismissal (or other employment tribunal) claim.
Breach of contract
Other than in circumstances when an employer is entitled to dismiss an employee summarily, employees are also usually entitled to work their notice period, or receive payment in lieu of notice. Where employers unfairly dismiss an employee with immediate effect, but do not make any payment in lieu of notice, then that employee may have the right to bring a claim against their employer for breach of contract – or wrongful dismissal.
Employees may also be able to bring a breach of contract claim if their employers have failed to provide them with work and, as a result, have not paid them their wages.
Whatever the grounds, and whether or not related to unfair dismissal (or other employment tribunal) claims, we can advise and assist you.
Working Time Regulations
Generally an employee’s working time (including any overtime) must not exceed 48 hours per week, unless the employee has “opted out” and agreed that the limit will not apply. Depending on when and for how long you work, you are also entitled to rest breaks and rest periods. As a worker you are also statutorily entitled to minimum periods of paid leave.
If you would like to discuss the above please email us, or go back to our other contact details.