Unpaid Wages: What Documents Do You Need for an Employment Tribunal?

Last updated: May 2026 · For claimants in England, Wales and Scotland

Quick Answer

An unlawful deduction of wages claim under Part II of the Employment Rights Act 1996 needs four document categories: the contract or written terms showing what you were entitled to be paid, the payslips showing what was actually paid, the bank statements proving non-receipt, and any correspondence with the employer about the shortfall. Most claims are simple to evidence — the difficulty is the time limit. The claim must be filed within three months less one day of the deduction (or the last in a series), subject to ACAS Early Conciliation pausing the clock.

What Counts as a "Deduction"?

Under section 13 of the Employment Rights Act 1996, an employer commits an unlawful deduction when they pay you less than you are properly due under your contract or by statute. That includes:

• Unpaid basic salary
• Unpaid commission, bonus, or other variable pay you had a contractual right to
• Unpaid holiday pay (statutory or contractual)
• Unpaid notice pay
• Unpaid statutory sick pay (SSP)
• Unpaid statutory maternity / paternity / shared parental pay
• Refusal to pay accrued but untaken holiday on termination
• "Recoupment" deductions for training costs, equipment, or company property unless authorised in writing in advance

A deduction is "unlawful" unless it is:

1. Required or authorised by statute (e.g. tax, NI, student loan)
2. Required or authorised by a relevant provision of your contract that was given to you in writing before the deduction
3. Pre-agreed in writing by you for the specific deduction

The Four Document Categories

1. What You Were Entitled to Be Paid

2. What You Were Actually Paid

3. Proof of Non-Receipt

4. The Paper Trail of Complaint

The Time Limit — The Hardest Part of an Unpaid Wages Claim

Under s.23 of the Employment Rights Act 1996, the claim must be presented within three months less one day of:

• The date of the deduction (or the last in a series of deductions), or
• The date of payment of the wages from which the deduction was made

The clock stops while you go through ACAS Early Conciliation. The rules under section 207B of the Employment Rights Act 1996 are more nuanced than a pure "pause": time does not run during the EC period, and if fewer than 30 days remain on the limitation clock after the EC certificate is issued, the time limit is extended to one month after the certificate date. From 1 December 2025 the maximum ACAS conciliation period is 12 weeks (it was 6).

From October 2026, under the Employment Rights Act 2025, the limitation period for most employment tribunal claims will extend from 3 months to 6 months. Until then the 3-month-less-one-day rule still applies.

Series of deductions: where the same shortfall repeats each pay period, the tribunal treats them as a "series" and time runs from the last deduction — but only if the deductions are factually linked. Bear Scotland v Fulton established that a gap of more than three months between deductions can break the series.

Calculating the Claim

For each pay period in dispute:

1. Gross amount due (per contract or statute)
2. Less authorised deductions (tax, NI, pension contributions if voluntary, etc.)
3. = Net amount that should have been paid
4. Less amount actually paid (per bank statement)
5. = Net deduction claimed

Tabulate every pay period. The tribunal will not award sums you cannot evidence.

Holiday Pay — The Common Complication

Holiday pay claims have two layers:

1. Statutory holiday pay under the Working Time Regulations 1998 — 5.6 weeks per year (including bank holidays), at the rate of "a week's pay" calculated under ss.221–224 ERA 1996
2. Contractual holiday pay — anything above the statutory minimum

For workers with variable pay (commission, overtime, bonus), holiday pay must include those elements where they are "intrinsically linked" to performance of the contract (Lock v British Gas, Williams v British Airways). The reference period is now 52 weeks (raised from 12 in 2020).

Practical tip: many claimants don't realise their holiday pay was under-calculated. If you regularly worked commission or paid overtime, request a recalculation in writing before filing.

The Schedule of Loss for an Unpaid Wages Claim

Simpler than for unfair dismissal:

• Gross deductions claimed (period by period)
• Net deductions claimed (period by period)
• Interest under the Employment Tribunals (Interest) Order 1990 (8% per annum)
• ACAS uplift where appropriate

There is no "compensation" for hurt feelings in a pure deductions claim.

When the Claim Becomes a Breach of Contract Claim

If the deduction relates to payments after employment ended (notice pay, redundancy pay, contractual sick pay accrued at termination), you may need to bring a breach of contract claim under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. The tribunal cap on breach of contract claims is £25,000. Above that, you must use the County Court.

How BundleCreator Builds an Unpaid Wages Bundle

The unpaid wages bundle is typically the shortest in the employment tribunal — often under 100 pages. BundleCreator's section structure handles it cleanly: contract in Section B, payslips in Section D, bank statements alongside, correspondence in Section C. Pagination is automatic and the index is generated for you.

Start your unpaid wages bundle →

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• The Complete Pillar Guide: How to Make an Employment Tribunal Bundle
• What Evidence Do I Need for an Unfair Dismissal Claim?
• Employment Tribunal Time Limits: Quick Reference

Disclaimer: This guide covers documentary evidence for unpaid wages claims. Time-limit and series-of-deductions issues are technical and case-specific — speak to ACAS (0300 123 1100) or a qualified employment lawyer before filing.