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 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.