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Asking your employer for an explanation

If you think your employer’s decision not to pay you, pay you too little or not pay you when they should have done is wrong, ask them to explain.

You must ask your employer as soon as possible and they should explain the reasons to you in writing. Speaking to your employer first may help to sort out any problems.

If you and your employer cannot agree

If you and your employer cannot agree about your payments you can ask HM Revenue and Customs (HMRC) for advice.

HMRC make sure that employers pay what you are entitled to for Statutory Adoption Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Sick Pay.

You can contact the HMRC employee helpline on 0845 302 1479. They will help you understand the rules for payment, taking account of your particular circumstances.

After speaking to the HMRC employee helpline, you may wish to take your case further. If you do, the employee helpline team will give you the telephone number of the HMRC Statutory Payments Disputes Team to register your dispute with.

Registering a dispute with HMRC

If you decide to register a dispute, you will need to provide the following information:

• your full name, address, date of birth and National Insurance number
• your employer’s name address and contact details

You will also need to explain what happened after your employer’s decision including any relevant dates. You may also be asked to send in copies of any letters from your employer.

Remember, you must talk to your employer about why they have not paid you, or not paid you the right amount, and try to solve the problem between yourselves before you write to HMRC.

Time Limits

You must register your dispute with the Disputes Team within six months of the first day that you would have been entitled to payment.

What can you expect from the HMRC Disputes Team

The Disputes Team will try to resolve the issue by phoning your employer. If they are unable to do so, they will write to your employer for information to help them with their decision. They may also write to you, if they need more information.

If your dispute is about Statutory Sick Pay

If your employer does not believe that you are sick, even if you have medical evidence from your doctor, you may need to go for a medical examination arranged through HMRC before a decision is made. The medical examination can only take place with your permission.

What happens after HMRC make a decision

If you and your employer agree with the decision made by HMRC, your employer should pay you by your next payday. If either you or your employer disagree with the decision, you must give your reasons to HMRC within 14 days of the decision. The case will then be transferred to a HMRC Decision Maker to consider the case and to issue a formal decision.

You and your employer have a right of appeal against this formal decision, the appeal period in law is 30 days. If either of you appeal, payment will not be made until the appeal is heard.

Further information about the appeals process can be found on the HMRC website.

• How to appeal against an HMRC decision Opens new window

Other payments and benefits during the dispute process

If your employer refuses to pay you a statutory payment and you have registered your dispute with HMRC, you may be able to claim Income Support. The normal rules for claiming Income Support will apply while HMRC investigate your case.

You may also be able to claim Housing Benefit and/or Council Tax Benefit.

• Income Support

• Housing Benefit

• Council Tax Benefit

Further statutory payments advice and help

Some organisations can offer help and advice on statutory payments. These include:

• Citizens Advice Bureau (CAB)
• Law centre
• Solicitors
• Trade unions

More useful links

• Statutory Adoption Pay

• Statutory Maternity Pay

• Statutory Paternity Pay

• Statutory Sick Pay

• Sick pay rights (employment section)