I’m an employment lawyer – here’s exactly what to do if your salary is wrong
WORKERS are feeling pressure on their wages as wages fail to keep up with soaring inflation – but what do you do if your wages are wrong?
With deductions for pension contributions and various tax changes in recent months, it can sometimes be difficult to determine if your payslip is correct.
Just last week, thousands of Asda workers were left with more than £500 out of pocket following a payroll error.
Mistakes can easily happen if your salary has changed, if you have a bonus, or if you have changed jobs.
And while mistakes aren’t uncommon, it’s important that you monitor your paycheck to make sure you report any issues as soon as possible.
Stephen Moor, head of employment at Ashfords law firm, said you should make sure you know your rights if you find your salary is wrong – here’s what to do:
Your rights in case of incorrect payment
Any payroll deduction – whether it’s a gym membership or missed hours – must have the employee’s consent.
This could be given when signing the employment contract or through a written agreement between the employee and his boss.
Stephen said: “For any legal deduction, the employee must expressly agree to the deduction in writing.
“Otherwise, that’s where disputes can arise.”
If you did not accept a deduction, you could file a complaint with a labor court.
Stephen said it could be for unlawful withholding of wages, or in county court for breach of contract.
If you are successful in court, you may be entitled to receive the value of the deduction.
But before you do that, raise your concerns with your boss.
Stephen said this could be done informally through an online discussion or formally through a proper grievance process.
If you go the legal route, workers have three months and a day to file a complaint with a labor court.
But in county court, there is a longer time limit of six years to file a complaint.
Your rights if your boss doesn’t pay you
If your employer repeatedly fails to pay your wages, you could claim there has been a fundamental breach of their employment contract.
Stephen said: ‘If that happens you could resign and claim constructive dismissal in the employment tribunal and seek compensation.’
As with illegal wage deduction, you can also file a complaint in court.
If your claim is successful, you may be entitled to the value of your lost wages.
Here’s how you can know your rights if you have a zero hours contract.
We’ve also explained how you might be entitled to two years’ holiday pay from your employer.