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Unpaid wages in the UK: what you are owed and how to claim

Missed a payday or short-changed on a shift? How UK unpaid wages work under the Employment Rights Act, what evidence to gather, tribunal time limits in 2026, and how to prepare a claim.

Helen Wright ยท Employment law editorial ยท PayeMesHeures7 September 20268 min read
Unpaid wages in the UK: what you are owed and how to claim

Your payslip lands, you check the bank, and the number is wrong. Maybe a whole night shift is missing. Maybe overtime never appeared. Or payday came and went with nothing at all.

That gap is not a favour your employer can withhold when it suits them. Under UK law, wages you have earned are money you are owed. The practical question is how to prove the shortfall, how far back you can go, and how long you have before the clock runs out.

In short

  • Check your contract, payslips, timesheets and bank statements against the hours you actually worked, then write down the exact shortfall in pounds.
  • Raise the issue informally in writing first (email is fine), then use a formal grievance if nothing is fixed.
  • Notify Acas for Early Conciliation before you start an employment tribunal claim; do this within the tribunal time limit.
  • For most pay claims today (September 2026), that limit is 3 months minus 1 day from the date you were not paid correctly. From 1 October 2026, most claims become 6 months minus 1 day if the time limit starts on or after that date.
  • Grievance and appeal processes do not pause or extend the tribunal time limit. Only notifying Acas in time can pause the clock during Early Conciliation.

What the law means by unpaid wages

Acas is clear: by law under the Employment Rights Act 1996, employers must pay wages on an agreed payday. If they do not, it can damage your finances and your working relationship, and it can lead to legal action.

"Unpaid wages" covers more than a blank payday. It includes:

  • pay that never arrived at all
  • shortfalls (wrong hours, missing overtime, forgotten night rates)
  • unlawful deductions from wages (money taken off without a lawful basis)

Your starting point is paperwork you already have, or should have:

  1. Payslip - shows what was paid and deducted for that period.
  2. Written statement / contract - should say how much you are paid and when.
  3. Hours evidence - timesheets, rotas, clock-in records, WhatsApp shift confirmations, diary notes.
  4. Bank statements - prove what actually landed.

If you never received a payslip or written statement, Acas says you can ask your employer, payroll or manager, speak to a trade union representative if you have one, or contact the Acas helpline.

Worked example in GBP (missing shift pay)

Imagine you are paid ยฃ13.50 an hour. In May you worked four evening shifts of 6 hours each that never appeared on the payslip.

  • Hours missing: 4 x 6 = 24 hours
  • Gross shortfall: 24 x ยฃ13.50 = ยฃ324.00

Suppose tax and National Insurance would normally take about ยฃ65 from that slice of pay (your exact figure depends on your tax code and other earnings). You might expect roughly ยฃ259 net in the bank. When you raise the issue, lead with the gross figure and the hours, because payroll rebuilds deductions. Bring:

  • the rota showing those four shifts
  • any message confirming you covered them
  • the May payslip that omits them
  • the bank statement for payday

One clear calculation beats a vague complaint that "May looked light".

How far back you can claim (Acas guidance)

Acas explains two separate ideas that people often mix up.

1. The deadline to start a tribunal claim

For unpaid wages, you normally have 3 months minus 1 day from the date you should have been paid. If you were underpaid more than once, Acas says you have 3 months minus 1 day from the last time it happened.

2. How far back the money can reach

If there were several underpayments or non-payments, Acas guidance says you can often claim up to 2 years back, as long as either:

  • there is less than 3 months between each underpayment or non-payment, or
  • the underpayments or non-payments are linked (for example, they share the same error)

Treat that as Acas guidance on how series claims are commonly framed, not as a guarantee for every fact pattern. If your gaps are wider, or the underpayments look unrelated, get advice early.

The dual time-limit regime in 2026

Acas updated its employment tribunal time limits page on 4 September 2026. The headline rules you need today are:

  • Most claims, including pay and wages: 3 months minus 1 day from the date the problem happened (for pay, the date you were not paid correctly).
  • From 1 October 2026: the time limit for most claims increases to 6 months minus 1 day, but only if your time limit starts on or after 1 October 2026.
  • Early Conciliation: when you notify Acas within your limit, the clock pauses until Early Conciliation ends.
  • Grievance does not help the clock: going through grievance, disciplinary or appeal procedures does not change your time limit. If those procedures drag on, you still need to notify Acas before the limit runs out.

Acas gives a simple worked illustration: if you were paid the wrong amount on 1 May, add 3 calendar months then take off 1 day. The limit ends at 11:59pm on 31 July.

If your limit has already passed, Acas says you can still try to claim, but it is up to the judge whether to accept it, and in most cases time limits are strictly enforced.

Step-by-step: informal raise, grievance, Acas, tribunal

1. Raise it informally, in writing

Acas recommends following your organisation's pay-problem policy if there is one. If not, raise it as soon as possible with your manager, payroll or HR. Talking it through can fix an honest mistake quickly. Confirm the conversation by email so you have a record.

Say:

  • how much you think you are owed and why
  • the calculation you used
  • what evidence you attach
  • when you want a reply (for example within 7 days, or before the next payday)

2. Raise a formal grievance if needed

If informal contact fails, raise a grievance (a formal complaint). Keep copies of everything you send and receive.

Important: a grievance does not stop the tribunal clock. Diary your Acas notification date while the grievance is still running.

3. Notify Acas for Early Conciliation

Before most employment tribunal claims, you must notify Acas. Early Conciliation is voluntary for both sides. An Acas conciliator speaks to each of you separately and tries to help you agree. Acas does not represent you, take sides, or tell you whether your case is strong.

If you settle through Acas, you can often avoid a tribunal hearing. If not, you receive a certificate you need to start a claim.

4. Employment tribunal

If you still cannot resolve it, you may be able to claim in the employment tribunal for wages that were not paid correctly. GOV.UK sets out how to make a claim. Judges often expect to see that you tried to resolve the dispute first; failing to try can affect any compensation if you win.

Common traps

  • Waiting for HR to "finish looking into it". Kindness does not extend the legal deadline. Notify Acas in time even if talks are ongoing.
  • Relying on verbal promises. "We'll sort it next month" is not a payslip. Keep the email trail.
  • Mixing net and gross. Argue from hours and contractual rate first; let payroll apply deductions.
  • Assuming cash-in-hand means no rights. Status and paperwork still matter. Get advice if you are unsure whether you are a worker or employee.
  • Letting small monthly shortfalls pile up. A pattern of linked underpayments can still hit the "last underpayment" clock. Act when the latest one appears.
  • Ignoring final pay. Leaving a job often changes the payslip (holiday pay, notice pay, deductions). Check the final figure with the same care as any other payday.

Soft next step with Paye Mes Heures

If you want a calmer way to organise the numbers before you email HR or notify Acas, Paye Mes Heures can help you estimate what looks unpaid and gather a clearer claim dossier (hours, rates, payslip gaps, a running shortfall). It is a preparation aid, not a substitute for Acas Early Conciliation, legal advice, or an employment tribunal decision. Use official Acas and GOV.UK pages alongside it, and contact the Acas helpline if you need to talk your options through.

Protect the payday you already worked for. Count the hours, put the shortfall in writing, and watch the calendar as carefully as the bank balance.

Sources

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