From time to time, a dispute may arise between you and your employer with regard to pay and/or bonus. It may be the case that you believe that you have not received the National Minimum Wage / National Living Wage, that you suffered an unlawful deduction from wages or are receiving unequal pay.
If you do believe that you have a legal issue, our expert employment law team can assist you further and advise on next steps.
[tela_accordion_group]
[tela_accordion title=”Bonus Disputes”]
A bonus may be contractual or non-contractual and may be paid at the discretion of your employer. Such discretion must not be exercised in an arbitrary, capricious or irrational way nor for it to damage the implied term of mutual trust and confidence. Entitlements to bonus often become a central issue in severance negotiations.
[/tela_accordion]
[tela_accordion title=”Equal Pay”]
As set out in the Equality Act 2010, women and men in the same employment performing equal work must receive equal pay for equal work unless any difference in pay can be justified. There are three categories of equal work:
- “Like work” is the same or broadly similar. It involves similar tasks which require similar knowledge and skills, and any differences in the work are not of practical importance.
- “Work-related as equivalent” has been rated under a valid job evaluation scheme as being of equal value in terms of how demanding it is.
- “Work of equal value” is not similar and has not been rated as equivalent, but is of equal value in terms of demands such as effort, skill and decision-making.
We have experience in dealing with equal pay claims and we recommend an employee seeks advice at an early stage, including how to obtain information from your employer in order to ascertain whether such claim may exist.
Generally, claiming for equal pay rights allows you to claim up to a maximum of six years of lost earnings.
[/tela_accordion]
[tela_accordion title=”Unlawful deduction of wages”]
Unlawful deduction of wages is where an employee or worker has not received correct payment through either an underpayment or failure to receive payment entirely. A unlawful deduction of wages claim can include salary, holiday pay, overtime payments, bonuses and contractual commission. There is no required period of service to bring a claim for unlawful deduction of wages in the Employment Tribunal. An employer can make deduction from wages payable to an employee or worker if the employee of worker has given their prior consent or that the deduction is required or authorised by law or if there is a provision in the contract. If you are self-employed and have not been paid the amount owed to you for services provided, the appropriate action would be to bring a debt recovery claim in the County Court.
[/tela_accordion]
[/tela_accordion_group]
Please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
