You haven't been paid for work on a UK site: what to do, step by step
Most unpaid wages in construction are recovered without a court, by someone who kept their records, asked the right person in writing and knew which route applied to them. This is that process, in order, with the thresholds and fees as they stand.
Fees, limits and time limits checked October 2026 against GOV.UK, Acas and HMRC. General information, not legal advice.
- Day one: timesheets, photos, messages, the sign-in sheet
- Ask the office in writing, with the exact figure
- Free letter before action with statutory interest (8% + base rate)
- PAYE, agency, umbrella: Acas first, then employment tribunal, no fee
- Self-employed: small claims under £10,000, fees from £35
- CIS deducted but not paid to HMRC? You can still get the credit
Step 1: gather the evidence, today
Everything that follows depends on being able to show three things: that you did the work, what rate was agreed, and what you were actually paid. Collect it now, while people still answer their phones.
- Hours: your timesheets or day sheets, photos of the site sign-in register, the toolbox talk and RAMS briefing sheets you signed (they are dated and name the site).
- The agreement: the text, WhatsApp or email where the rate was offered, the job advert, the agency's Key Information Document, any contract or terms you signed.
- Payments: bank statements showing what landed and when, CIS payment and deduction statements, payslips, invoices you sent.
- The work: dated photos of what you built, delivery notes, messages from the supervisor confirming the job was done or asking you back.
- Who is who: the legal name of the firm that engaged you (check the CIS statement, payslip or contract, not the name on the van), the main contractor, the site address.
If you use the Graftum crew app, your day sheets are already timestamped, signed and tied to the site. If not, a photo of each day's sign-in sheet in a folder on your phone does the same job. Reconstructing six weeks from memory is where most claims fall over.
Step 2: ask the office, in writing, with a number
Before any letter or claim, give the firm one clear chance to fix it. Not the chargehand, not the supervisor at the gate: the person who runs payroll or the contracts manager. Ask your supervisor who that is and get a phone number or email.
Send a short message with the facts: "I worked 12 days between 2 and 20 September at £200 a day, so £2,400 gross, £1,920 after 20% CIS. I received £1,120 on 26 September. £800 is outstanding. Please confirm when it will be paid." A specific figure is harder to ignore than "I'm missing money".
Give a date you expect a reply by, usually 5 working days. Keep every answer. If they say the work was defective, the client has not paid them, or the timesheet was not approved, write it down: it tells you which route you are on. The Was I paid right? tool works out the exact figure for you, including the 20% or 30%.
Step 3: the written demand (letter before action)
If the office does not fix it, a formal letter does two things. It often gets you paid, because firms know what comes next. And if you do go to court, judges expect to see you gave the firm a proper written chance to settle first. Our free tool writes both letters for you in correct English: a polite reminder, then a letter before action.
Enter what you are owed, the dates and the firm's details. You get a reminder letter and a formal letter before action, with statutory interest calculated. For CIS, self-employed, PAYE and agency workers. In 7 languages.
Write my letter- If you are self-employed, the firm owes you a commercial debt. Under the Late Payment of Commercial Debts (Interest) Act you can add statutory interest at 8% above the Bank of England base rate plus fixed compensation of £40 (debt under £1,000), £70 (£1,000 to £9,999.99) or £100 (£10,000 or more) for the cost of chasing.
- If you are employed, the letter is a grievance about unlawful deduction from wages. Interest is not added the same way, but the letter still starts the record you will need for Acas.
- Send it by email and post to the firm's registered office (find it free at Companies House, or with Check a firm). Give 14 days.
The Construction Act, in one paragraph
If you are a self-employed subcontractor working for a construction firm, your arrangement is probably a "construction contract" under the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act), even if nothing was written down. That gives you payment rights the firm cannot contract out of: a due date and a final date for payment, a payment notice from the payer within 5 days of the due date saying what they will pay and why, and a pay less notice if they intend to pay less than you applied for. If they serve neither notice in time, the sum you applied for becomes the sum they owe, and you can take it to a 28-day adjudication or suspend work after 7 days' written notice. It does not apply to employees, agency workers or work for a homeowner on their own home. Our payment notices guide has the timeline and a free deadline calculator.
If you are PAYE, agency or umbrella: Acas, then the employment tribunal
Unpaid or short wages for an employee or worker are an unlawful deduction from wages. The route is the employment tribunal, and it is free to use. But you must notify Acas first.
- 1Notify Acas (early conciliation)Free, online or by phone (Acas helpline 0300 123 1100). Acas contacts the employer and tries to settle it. Many wage claims end here with a payment. Notifying Acas pauses your time limit.
- 2Mind the time limitFor problems before 1 October 2026 you have 3 months minus 1 day from the date you should have been paid to notify Acas. For problems on or after 1 October 2026 the limit is 6 months minus 1 day (Employment Rights Act 2025, as Acas states it). Do not wait for the firm's promises to run the clock down.
- 3Make the tribunal claimIf conciliation fails, Acas issues a certificate and you claim online (form ET1). There is currently no fee to bring a tribunal claim. You can represent yourself; many wage claims are decided on paper or in a short hearing.
- 4Also report, if it appliesPaid under the National Minimum Wage (£12.71 at 21+ from April 2026)? Report it to HMRC via GOV.UK, free and confidential; HMRC can make the employer pay arrears. Agency problems can go to the Employment Agency Standards Inspectorate as well.
You are the umbrella's employee, so the claim is against the umbrella. But keep the agency in the loop in writing: since April 2026 agencies are jointly liable for PAYE an umbrella should have paid, so they have every reason to help. Check your personal tax account on GOV.UK to see what HMRC actually received for you.
If you are self-employed: the small claims court
A self-employed subcontractor owed money sues for the debt. In England and Wales, claims under £10,000 go on the small claims track, designed for people without a lawyer. You claim online through the Civil Money Claims service on GOV.UK (Money Claim Online for some cases) if you know the exact amount and have a UK address. Scotland and Northern Ireland have their own procedures (Simple Procedure in Scotland, up to £5,000).
| Claim amount (including interest) | Court fee to start the claim |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% of the claim |
Swipe to see both columns.
- The fee is added to what the firm owes if you win. A further hearing fee applies only if the case reaches a hearing; check GOV.UK for the current amount.
- Before a hearing you get a free session with the court's mediation service by phone. Many claims settle there.
- If the firm does not respond to the claim at all, you can ask for judgment by default. A county court judgment (CCJ) damages a firm's credit, which is why most pay before that point.
- On a low income you may qualify for help with fees (form EX160); if so, you must use the paper form, not the online service.
- Sue the correct legal entity: the limited company named on your CIS statement, not the trading name or the owner personally, unless he engaged you as a sole trader.
If the firm has gone into liquidation, you become an unsecured creditor and recovery is usually poor. Check the company's status at Companies House before paying a court fee.
CIS deductions you can reclaim from HMRC
Two separate problems hide behind "they took 20% and I never saw it again".
- The deduction was lawful and you overpaid tax. This is normal. Your first £12,570 is tax free, but CIS takes 20% from the first pound. You claim it back on your Self Assessment return after 5 April. See how the CIS rebate works and the tax return guide.
- The firm deducted but never paid HMRC, or never gave you a statement. Still enter the deductions on your return. HMRC can give you the credit on the strength of your evidence (bank records, invoices, any statements) and pursue the contractor, who is the one who broke the rules. Ask the firm for the statements in writing first; they are legally required to issue one within 14 days of the end of each tax month. The HMRC CIS helpline is 0300 200 3210.
- 30% was taken instead of 20%. Register for CIS (free) or correct your details with the firm; the excess comes back through your return.
What not to do
Walking off with the firm's drill, a pallet of boards or the client's fittings turns a debt they owe you into a theft you committed. It also hands them a reason to withhold the money.
Repeated calls, threats or visits can be harassment, a criminal matter, however justified you feel. Put everything in writing and let the paper do the work.
Ripping out first fix because you were not paid is criminal damage. The work belongs to the building once it is installed; the money is what you are owed.
One late week happens. Two is a pattern. Stop at a point where the amount at risk is one you can afford to chase, and tell them why in writing.
A smaller payment marked as full and final settlement can close the claim for the rest. If you accept part payment, write back that it is received on account and the balance remains due.
Naming the firm online feels good for an hour and can lead to a defamation complaint, which is expensive even when you are right. The tribunal or court record is public anyway, once it exists.
Walk away well: let other firms find you
A firm that does not pay has told you how the rest of the job would go. While you chase the money, line up the next one. The Graftum crew list is a free register: your trade, your cards, where you can travel. Firms using Graftum see it and text you directly. No agency, no fee, no account needed.
Before you say yes to the next firm, run its name through Check a firm: Companies House status, how long it has existed, whether it files accounts. Firms that pay their crews through Graftum do it from recorded day sheets, so the hours and the deductions are visible from the start.
Questions workers ask
How long should I wait before sending a formal letter?
Give the office one written chance with a 5 working day deadline. If that passes, send the letter before action with 14 days. For employees, remember the Acas time limit runs from the day you should have been paid, so do not let the letter stage eat the whole period.
Does the small claims court cost money?
Yes, a court fee that depends on the amount: £35 for claims up to £300, £70 up to £1,000, £115 up to £3,000, £205 up to £5,000 and £455 up to £10,000 (checked October 2026). If you win, the fee is added to what the firm owes you. People on a low income can apply for help with fees.
Is the employment tribunal free?
There is currently no fee to bring a claim. You must notify Acas first, which is also free. Check GOV.UK before claiming, as fee rules can change.
What is the time limit for a tribunal claim about unpaid wages?
3 months minus 1 day from the date you should have been paid, for problems before 1 October 2026. For problems on or after 1 October 2026, Acas states the limit is 6 months minus 1 day. Notifying Acas within the limit pauses the clock during conciliation.
The firm says the client has not paid them. Does that matter?
No. Your contract is with the firm, not the client. For self-employed subcontractors, "pay when paid" clauses are unenforceable under the Construction Act. For employees and agency workers, the client's payment is irrelevant to your wages.
Can I claim the 20% CIS back if the firm never paid it to HMRC?
Usually yes. Enter the deductions on your Self Assessment return and keep your evidence. HMRC can credit you and pursue the contractor. Ask the firm in writing for your payment and deduction statements first.
Can I just stop work until I am paid?
If you are a self-employed subcontractor with a construction contract, yes, after the final date for payment has passed with no valid pay less notice and after at least 7 days' written notice. Employees should not simply stop; use Acas. In all cases, tell the firm in writing why you are stopping.
Sources and date
GOV.UK: Make a court claim for money (fees and online claims); Help with court fees; Pay and work rights complaints; What you must do as a CIS subcontractor. Acas: Employment tribunal time limits (updated for 1 October 2026); Making a claim to an employment tribunal. Citizens Advice: Making a small claim. Late Payment of Commercial Debts (Interest) Act 1998. Housing Grants, Construction and Regeneration Act 1996 (as amended). Checked October 2026. General information, not legal advice. Rules change: check GOV.UK.
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