4. Resolving problems with pay rises
If an employee has not received an agreed pay rise, they should raise it informally first, by talking with their employer. This can help resolve things quickly if there has been a mistake.
If the employee talks to their employer, the employee should confirm what they've discussed in writing. For example, in a letter or email.
If the issue cannot be resolved informally, the employee can raise a grievance. This is where the employee makes a formal complaint to their employer.
Options for taking legal action
If an employee is not able to resolve the problem, they might be able to make either:
- a county court claim
- a claim to an employment tribunal
If the problem relates to non-payment of the National Minimum Wage, there are other options. Find out what to do if an employer pays less than the National Minimum Wage.
Making a claim to an employment tribunal
If an employee has not been paid an agreed pay rise, they can make a claim to an employment tribunal for unlawful deduction from wages.
There are strict time limits for making a claim to an employment tribunal. Employees have 3 months minus 1 day from the date of the underpayment to make a claim.
Find out more about:
- making a claim to an employment tribunal
- employment tribunal time limits
Making a county court or sheriff court claim
Alternatively, an employee could make a breach of contract claim in the county court (in England and Wales). They have up to 6 years from the date of the underpayment to make a claim.
In Scotland, an employee could make a breach of contract claim in the sheriff court. The time limit for breach of contract in a sheriff court is 5 years from the date the employee has knowledge of the loss.
If an employee wants to make a county court or sheriff court claim, they should get legal advice to understand what will be involved.