Who can make a claim for unpaid wages?

This claim is available to workers and employees whose employer has failed to pay wages, holiday pay, commission, or notice pay. It specifically addresses situations where a deduction from wages is considered unlawful under the Employment Rights Act 1996.

What makes a wage deduction unlawful?

A deduction is unlawful if it is not authorised by statute, contract, or written consent. To support a claim, you should gather evidence such as your contract, payslips, working time records, and any correspondence with your employer that identifies the specific deduction.

What steps should I take before filing a tribunal claim?

You must first send a written demand to your employer identifying the deduction and the amount owed. Following this, you must complete ACAS Early Conciliation, which is a mandatory step before submitting your claim to the Employment Tribunal.

How long do I have to file a claim?

You generally have three months less one day from the date of the deduction, or the last deduction in a series, to submit your claim. The process typically takes between six and twelve months from start to finish.

What can I get if I win my claim?

If the Tribunal rules in your favour, it can order the employer to pay the deduction in full. The remedy may also include interest and the recovery of fees if appropriate. For a series of deductions, there is a statutory cap of two years' back-pay.

All Legal Journeys

Employment Law

UK-wide

5 stages

6–12 months

Reviewed 2026-05-22

Unpaid wages claim journey

Employment Tribunal claim for unlawful deduction from wages under s.13 ERA 1996.

This page covers UK-wide law. Where local procedure differs (e.g. courts or tribunals), this is noted in the relevant section.

Who Uses This Journey

Workers and employees whose employer has failed to pay wages, holiday pay, commission, or notice pay.

Stage-by-Stage Timeline

Identify the deduction

Section 13(1) ERA 1996 — any deduction not authorised by statute, contract, or written consent is unlawful.

Evidence Needed

Contract
Payslips
Working time records
Correspondence

Raise with the employer

Send a written demand identifying the deduction and amount. Many claims settle here.

ACAS Early Conciliation

Mandatory.

Deadline: 3 months less 1 day from the deduction (or last in a series)

ET1

Submit claim. Statutory cap of 2 years' back-pay for series of deductions.

Forms at This Stage

ET1

Hearing and remedy

Tribunal can order payment of the deduction in full.

Possible Outcomes

Deduction ordered to be paid
Interest
Recovery of fees if appropriate

Official Sources

Employment Rights Act 1996 Part II

Frequently asked questions

Who can make a claim for unpaid wages?: This claim is available to workers and employees whose employer has failed to pay wages, holiday pay, commission, or notice pay. It specifically addresses situations where a deduction from wages is considered unlawful under the Employment Rights Act 1996.
What makes a wage deduction unlawful?: A deduction is unlawful if it is not authorised by statute, contract, or written consent. To support a claim, you should gather evidence such as your contract, payslips, working time records, and any correspondence with your employer that identifies the specific deduction.
What steps should I take before filing a tribunal claim?: You must first send a written demand to your employer identifying the deduction and the amount owed. Following this, you must complete ACAS Early Conciliation, which is a mandatory step before submitting your claim to the Employment Tribunal.
How long do I have to file a claim?: You generally have three months less one day from the date of the deduction, or the last deduction in a series, to submit your claim. The process typically takes between six and twelve months from start to finish.
What can I get if I win my claim?: If the Tribunal rules in your favour, it can order the employer to pay the deduction in full. The remedy may also include interest and the recovery of fees if appropriate. For a series of deductions, there is a statutory cap of two years' back-pay.