You did the work. The wages never arrived — or your overtime, holiday pay or final pay after leaving was short or missing entirely. Chasing payroll has got you nowhere, and the employer is stalling.
Unpaid wages are a breach of your contract and a debt. You can recover them in the county court, the same way you would any money you are owed.
Your Right: Wages, overtime, holiday pay and final pay you have earned are owed to you under your contract. If they go unpaid, that is a debt you can recover as a breach of contract claim in the county court — with up to six years to bring it.
Court or Employment Tribunal?
Both can deal with unpaid wages, and the right choice depends mostly on timing:
- Employment tribunal — handles "unlawful deduction from wages", but you normally must start within 3 months less a day of the non-payment (after ACAS early conciliation).
- County court (small claims) — a breach of contract debt claim, with up to 6 years to bring it. The route to use if the tribunal deadline has passed, or for a simple money claim.
Self-employed or a contractor? If you weren't paid for work done, that's an unpaid invoice — recovered in the county court the same way. See our unpaid invoice recovery guide.
Recover the wages you've earned
JustClaim turns what you're owed into a properly drafted county court claim and files it online. No solicitor, no jargon.
Start Your Claim NowHow to Claim: Step by Step
Work out exactly what you're owed. Add up unpaid hours, overtime, holiday pay and any final pay, using your contract and timesheets.
Ask in writing. A clear written request for the unpaid amount by a deadline. Keep the reply, or the silence.
Send a letter before action. A formal letter setting out the debt and a deadline before you issue proceedings.
File your claim. If still unpaid, file an N1 at the county court for the wages owed, interest and the court fee.
What You Can Claim
- Unpaid basic wages and overtime
- Accrued but unpaid holiday pay
- Final pay owed after leaving
- Interest and the court fee
Frequently Asked Questions
Can I claim unpaid wages in the small claims court?
Yes. Unpaid wages, holiday pay, overtime or final pay are a breach of your contract and a debt you can recover in the county court (the small claims track). This applies to employees, workers, agency staff and many self-employed contractors who weren't paid for work done.
Should I use the small claims court or an employment tribunal?
Both can deal with unpaid wages. The employment tribunal handles 'unlawful deduction from wages' claims but you usually must start within 3 months less a day of the non-payment. The county court allows up to 6 years for a breach of contract claim. If you've missed the tribunal deadline, or simply want a straightforward debt claim, the county court is the route.
Can a self-employed contractor claim unpaid pay?
Yes. If you did the work and weren't paid, that's a debt for breach of contract, recoverable in the county court — the same route used for any unpaid invoice. Keep your contract, timesheets or invoices and proof the work was done.
What evidence do I need?
Your contract or offer letter, payslips, timesheets or rotas, bank statements showing what you were paid, and any messages about the unpaid amount. These show what you were owed and what is outstanding.
How much does it cost to claim unpaid wages?
Court fees start at £35 for claims up to £300 and rise with the amount claimed. The fee is added to your claim and recovered from the employer if you win. The county court small claims track is designed to be used without a solicitor.