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PAY
Claims
relating to pay arise in two ways. An individual can either claim that
his employer has made unlawful deductions from his wages or he can claim
damages for breach of contract. One or other remedy will always be available.
The type of claim will usually depend upon whether the individual is
still in employment.
Someone
in employment who believes he has been underpaid can only bring a claim
for unlawful deductions from his wages. Once an individual is no longer
employed, he can either make a claim for unlawful deductions from his
wages, he can claim damages or (in some circumstances) he can claim
both.
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'Wages'
are sums paid for work done under a worker's contract.
Generally
speaking, any other sum must be recovered damages for breach of contract.
Should either claim succeed the Tribunal will make an award of money payable
to the employee. There is no limit on the amount an Employment Tribunal
can award for unlawful deductions from pay. A Tribunal cannot award more
that £25,000 in damages for breach of contract.
The
burden of proof is always on the employee. Very often disputes relate
to the interpretation of the contract of employment (whether something
was ever agreed.... if so, exactly what was agreed etc.).
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