What counts as unpaid wages and when does a basic award apply?

Unpaid wages cover money due under your contract that has not been paid, while a basic award relates to unfair dismissal. This section explains what each claim covers and gives simple examples.

Unpaid wages arise when an employer fails to pay you the money you are legally owed under your contract, for example if your salary is underpaid, a deduction is made without consent, or overtime isn’t paid correctly. It includes arrears for a period when you were ready and willing to work but were not paid.

A basic award is a payment formula available when you have been unfairly dismissed. It recognises the loss of pay and certain other losses caused by the dismissal. The amount depends on your length of service and the level of pay, and it is designed to be a simple, predictable remedy rather than a full damages calculation.

Ultimately, the tribunal orders what is owed to you from unpaid wages and, where applicable, a basic award for unfair dismissal. If you win on both points, the tribunal may combine the remedies where appropriate.

• Unpaid wages can include arrears of pay, unauthorised deductions, or benefits you were entitled to but did not receive.
• A basic award is triggered by a finding of unfair dismissal, not simply by a poor workplace outcome.
• Remedies can cover back pay and, in some cases, interest on the arrears.

Time limits for claims: unpaid wages and basic award

Most Employment Tribunal claims must be started within three months of the event giving rise to the claim; there are exceptions and extensions.

The standard time limit to bring a claim is three months from the date of the incident (for example, the date you were underpaid or the date your dismissal took effect). This three-month period is strict, but the tribunal can extend it in certain circumstances if you have a good reason.

If you begin ACAS early conciliation, this can affect the calculation of the time limit, and there is often a process to extend the overall period while conciliation takes place. The exact extension depends on the circumstances and must be explained to the tribunal.

Always check the current rules and seek guidance if you’re unsure, as time limits are a frequent barrier to success if missed.

• Three months is a common deadline in many tribunal claims.
• Extensions can be granted for good reasons or unusual cases.
• ACAS conciliation may pause the clock in some scenarios.

1. Identify the date of the act (underpayment or dismissal).
2. Count three months from that date.
3. If you’re close to the deadline, seek advice promptly to preserve your rights.

Evidence and documentation you’ll need

Collect clear, organised records that show the unpaid wages and the facts of the dismissal, plus any communications.

Gather payslips, wage records, and bank statements showing the payments you did receive and any missing sums.

Keep the employment contract, any award letters, and letters or emails about the dispute. Collect timesheets or clock-in records that illustrate hours worked and pay.

If you are pursuing a basic award, locate dismissal letters, the reasons given for dismissal, and any related documents showing the employer’s process.

• Payslips and wage payment records
• Contract of employment and any dismissal letters
• Correspondence about pay disputes
• Timesheets or clock-in records
• Any relevant collective agreements or policies

Lodging your Employment Tribunal claim

The steps to file an ET1, serve it on the employer, and begin the process are outlined here.

Start by confirming you are within the time limit and identify the correct form (ET1) for your claim. You can usually submit online, or by post, depending on your region. Provide a clear account of the unpaid wages and, if relevant, the basic award claim.

Once the ET1 is submitted, the tribunal will acknowledge receipt and send a copy to your employer, who will prepare an ET3 (the response). You may need to provide further evidence or written submissions ahead of the first hearing.

Consider ACAS early conciliation before or during the process, as it can help resolve the dispute without a full hearing.

• Prepare ET1 with a concise summary of your claim
• Submit within the time limit
• Await ET3 from the employer and any directions from the tribunal

1. Check time limits.
2. Complete ET1 form with details of unpaid wages and basic award if applicable.
3. Submit to the Employment Tribunal (online or by post).
4. Serve ET1 on the employer and await their ET3 response.
5. Engage in any required early conciliation or directions from the tribunal.

Tribunal hearing and remedies: what to expect

What happens at the hearing, possible outcomes for unpaid wages and for a basic award, and practical tips for presenting your case.

At the hearing, the judge will consider evidence from both sides, including payroll records and letters. The decision will set out any back payments for unpaid wages and, if applicable, the amount of a basic award for unfair dismissal.

If you win, the tribunal may order the employer to pay the outstanding wages, and for unfair dismissal, to grant a basic award (subject to statutory limits).

Even if you are not successful at the first hearing, there are often steps to appeal or request a reconsideration, depending on the circumstances.

• Tribunal will assess payroll evidence and the contract terms
• Back pay and, if applicable, basic award may be granted
• There may be options for appeal or review

1. Review the tribunal’s directions and prepare your oral and written submissions.
2. Bring organised wage records and dismissal documents to the hearing.
3. Be prepared to explain how the facts meet the legal criteria for unpaid wages and for a basic award.

Help, guidance and next steps

Where to go for free or affordable help, and a quick checklist of what to do next.

If you’re unsure of any step, contact the free guidance available from ACAS, GOV.UK resources, and legal advice organisations that offer low-cost or pro-bono support.

Consider speaking with a legal adviser or a workers’ rights charity if you need reassurance about the best path forward.

• ACAS early conciliation
• GOV.UK guidance on tribunals
• Legal aid and charity advice where appropriate

Conclusion

A clear, practical route to claiming unpaid wages and the basic award within UK employment law.

Claiming unpaid wages and a basic award involves gathering evidence, meeting time limits, and navigating the Employment Tribunal process. With careful preparation and the right support, you can pursue your entitled remedies.

This guide has shown a practical path for UK workers to secure back pay and fair treatment after dismissal, using straightforward steps and reliable resources.

• Gather evidence early
• Be mindful of time limits
• Use ACAS and GOV.UK resources for guidance

Key takeaways

Always check the time limits—three months from the event that gave rise to the claim (subject to extensions).

Gather comprehensive evidence early, including pay records and dismissal documents.

Start your ET1 claim promptly and consider ACAS early conciliation to attempt early resolution.

The Employment Tribunal can order back pay for unpaid wages and a basic award for unfair dismissal.

• Time limits are strict but extensions exist
• Evidence before filing speeds up the process
• ET1 submissions should clearly separate unpaid wages and basic award claims
• ACAS early conciliation can help resolve disputes without a full hearing
• Tribunal remedies may include back pay and basic award

Frequently asked questions