Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Under contract law and the Employment Rights Act 1996 (“ERA 1996”) the worker and the employer are afforded particular rights and responsibilities regarding pay and the protection of the employee’s wages. The employer is under a statutory duty to give employees (not workers, there’s a difference) a written statement including scale or method of calculating wages and the intervals at which wages will be paid, and itemised pay statements (also known as payslips) which must set out the gross wages of the employee and any deductions made by the employer.

In most employment relationships, there is both an express and implied duty for the employer to pay their workers wages (unless the worker is in repudiatory breach of contract or has agreed to waive their contractual right to be paid for whatever reason). If the employer fails to pay a worker the full amount that they are owed under the contract then the employer has breached the terms of the contract. If this failure to pay wages is deliberate then this is a fundamental breach of contract and the worker can choose to terminate the contract of employment (and claim constructive unfair dismissal, if they are an employee and wish to do so). Alternatively, the worker can choose to waive the employer’s breach. If the failure to pay is a mistake on the employer’s part then there is probably not a fundamental breach of contract unless the employer’s conduct is repeated or unexplained. The obligation for the employer to pay the employee persists even if the employee is refused permission to come to work (i.e. for medical reasons, because of disciplinary suspension or if there is a work shortage).

If the employer fails to pay the whole amount of wages owed then the worker may be able to pursue the employer for this. Under the ERA 1996 an employer can make deductions from the wages of the worker but it is unlawful for the employer to make deductions from the wages of the worker unless such a deduction is required or authorised by statute or provision in the contract, or the worker has given prior written consent to the deduction. It is also unlawful for the employer to receive payment from one of its workers unless the deduction is required or authorised by statute or a provision in the contract of employment, or the worker has given prior written notice of the deduction.

In future posts we will take a look at the law relating to the deduction of wages and attempt to define particular terms within the ERA 1996 such as what “wages” are, when wages are “properly payable”, whom is defined as a “worker”, what a “deduction” is, and when the worker is and is not protected under the ERA 1996.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 3 weeks ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 3 weeks ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 4 weeks ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 4 weeks ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 1 month ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 1 month ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 1 month ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 1 month ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 1 month ago

Anonymous

Excellent work delivered with great quality

Posted 1 month ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 1 month ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 1 month ago

Anonymous

Resolved my issues

Posted 1 month ago

Keith

Quick fast professional service.

Posted 1 month ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 1 month ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 2 months ago