What can I do if my employer has not paid me on time?

First, raise it informally with payroll or your manager as soon as possible — genuine errors are common and usually resolved quickly. If you receive no satisfactory response within a day or two, put your complaint in writing (email is fine). You have the legal right to be paid at the agreed time. If the employer still fails to pay, you can: make a claim for unlawful deduction from wages at an Employment Tribunal; contact HMRC if the underpayment brings your effective pay below the National Minimum Wage; contact ACAS.

Is late pay an unlawful deduction from wages?

Yes — under the Employment Rights Act 1996 (s.13), any failure to pay wages that are properly due is an unlawful deduction from wages. This includes late payment. You do not need to wait until you leave employment to make a claim — you can bring a tribunal claim while still employed. The time limit is 3 months minus 1 day from the date of the deduction (i.e. from when you should have been paid). ACAS Early Conciliation is required before submitting a tribunal claim.

Can I refuse to work if I have not been paid?

Technically, an employer's failure to pay is a breach of contract that may entitle you to stop work (as you are being asked to work for free). In practice, this is high-risk — your employer may treat it as unauthorised absence or even gross misconduct, and you would need to pursue the breach through a tribunal or court. Seek advice before withholding your labour. A safer immediate step is to work normally, document the missed payment, and pursue it through the formal routes.

What if the underpayment is below the National Minimum Wage?

If your effective hourly rate after late or short payment falls below £12.21/hour (2025/26, age 21+), this is a minimum wage breach in addition to an unlawful deduction. You can report it to HMRC, which investigates minimum wage non-compliance and can force the employer to back-pay the arrears, impose a financial penalty, and (for serious cases) name and shame the employer publicly. The HMRC route is free and does not require you to use a tribunal.

What compensation can I get from a tribunal for late pay?

An Employment Tribunal can order the employer to pay the amount unlawfully withheld, plus any interest. The tribunal does not generally add a compensatory uplift for non-payment itself — the remedy is primarily the sum owed. If the employer fails to pay without a reasonable excuse, an Employment Judge may also make a costs order in extreme cases. If the dispute cannot be resolved, ACAS Early Conciliation is a fast, free first step that often achieves payment without a hearing.

What Happens If My Employer Does Not Pay Me on Time UK?

Late pay from an employer is an unlawful deduction from wages. You have legal rights to your pay on time. Here's what you can do if your employer misses pay day.

By James Whitfield · 9 May 2026 · 2 min read

Your employer has a legal obligation to pay you on time. Late pay is not just bad practice — it is a breach of employment law with formal remedies available to you.

Step-by-Step Response to Late Pay

Step	Action
Day 1 after payday	Contact payroll or your manager — confirm it’s not a bank transfer delay
Day 2–3	Follow up in writing (email) with a record of the issue
Day 7+	Formal written request; reference your right under ERA 1996 s.13
After 14 days	Contact ACAS (0300 123 1100) — consider Early Conciliation
Within 3 months of missed pay date	File Employment Tribunal claim if not resolved

Practical Immediate Help

If you are struggling financially because of late pay:

Crisis funds: many local councils have emergency welfare assistance
Universal Credit advance payment: if you are eligible for UC, an advance is available immediately
Bank: contact your bank about overdraft or short-term assistance — explain the situation
Citizens Advice: can help with both the employment issue and short-term financial impact

Your Written Demand: Key Points

When writing to your employer:

State the exact date and amount that was due
Reference your contract (payroll date, method)
Ask for immediate payment or a confirmed payment date
State that you are reserving your right to pursue tribunal remedies if not resolved

Keep copies of everything.

National Minimum Wage Breaches

Report minimum wage non-compliance to HMRC at gov.uk/pay-and-work-rights. HMRC can act without a tribunal — and historically makes the employer pay arrears going back up to 6 years.

Making a Formal Claim for Late Pay

If your employer consistently fails to pay on time, you have several escalation routes:

Written demand — send a formal email to HR/payroll stating the date pay was due, the amount, and requesting immediate payment with confirmation
Unlawful deduction from wages claim — late payment is treated as an unlawful deduction under the Employment Rights Act 1996. ACAS Early Conciliation is the starting point
Employment tribunal — if the employer still does not pay, you can file a tribunal claim. The 3-month time limit runs from the last unlawful deduction (or the last in a series of deductions)
Small Claims Court — alternatively, a claim in the County Court (Small Claims Track for amounts under £10,000) is available — this may be quicker than tribunal for straightforward unpaid wages cases

If your employer is insolvent and cannot pay, you can apply to the Insolvency Service (Redundancy Payments Service) for arrears of pay (up to 8 weeks), holiday pay (up to 6 weeks), and statutory notice pay.

What Happens If My Employer Does Not Pay Me on Time UK?

Contents

Step-by-Step Response to Late Pay

Practical Immediate Help

Your Written Demand: Key Points

National Minimum Wage Breaches

Making a Formal Claim for Late Pay

Sources

Contents

Step-by-Step Response to Late Pay

Practical Immediate Help

Your Written Demand: Key Points

National Minimum Wage Breaches

Making a Formal Claim for Late Pay

Related Guides

Sources