What to do if your employer won't pay your final salary

Having your final salary withheld is one of the most stressful things that can happen when you leave a job. It's also illegal in most circumstances. Here's exactly what to do, step by step.

Your legal right to your final salary

Under the Employment Rights Act 1996, withholding wages without legal justification is an unlawful deduction from wages. Your employer must pay everything owed to you on or before your agreed pay date, including:

• Salary for all days worked in your final period
• Accrued but untaken holiday pay (for most workers)
• Any outstanding bonuses or commissions that have been earned
• Notice pay (if they didn't require you to work your notice)

Deductions they CAN legally make include: tax and National Insurance, pension contributions, anything you've explicitly agreed to in writing, and overpayments they're recovering.

Step 1: Check your payslip and contract

Before escalating, confirm exactly what you're owed and what date payment was due. Review your employment contract for payment terms and any clauses about deductions. Keep all relevant documents: payslips, contract, bank statements showing what was and wasn't paid.

Step 2: Contact your employer in writing

Send a formal email (keep a copy) stating:

• What you are owed and for which period
• That this constitutes an unlawful deduction under the Employment Rights Act 1996
• A deadline for payment (7–14 days is reasonable)
• That you will escalate if payment is not received

Step 3: Contact ACAS

If the employer doesn't respond or refuses to pay, contact ACAS (Advisory, Conciliation and Arbitration Service) at acas.org.uk or call 0300 123 1100. Before making an Employment Tribunal claim, you must first notify ACAS through their "Early Conciliation" process. This is free, quick and often resolves the issue without going to tribunal.

Step 4: Employment Tribunal

If ACAS conciliation fails, you can make a claim to the Employment Tribunal for unlawful deduction from wages. There is no fee to make this claim. The time limit is 3 months minus 1 day from the date the payment was due — so don't delay. In most straightforward cases of unpaid wages, claimants win.

What about holiday pay?

Holiday pay accrued but not taken must be paid on termination for most workers. If this is being withheld, include it in your claim — the same legal framework applies.