Work dispute: not paid or rights broken
Your route depends on your status. With refugee status or permitted work — ACAS, the free government conciliator, and most wage disputes end without court. If you worked outside your visa conditions — do not apply to ACAS yourself; see a free adviser first: there is a route, but a different one. Self-employed — a third route. A complaint about your employer does not decide your asylum case and does not "deport" you.
Exploitation or urgent help
Deadlines first
Most work disputes have a limit: 3 months minus 1 day from the violation (non-payment, dismissal). Contacting ACAS pauses the clock. Found out late — call anyway: sometimes the deadline can be explained.
Pick your situation
The ACAS route (if your work was legal)
- 1
Collect everything in writing: contract, payslips, messages, hours. No contract? Messages, photos of rotas, witnesses all count.
- 2
Write to your employer (in writing!): how much they owe and by what date you expect it. Often this is enough.
- 3
If not — ACAS Early Conciliation: the free government conciliator. It is a mandatory step before court. Apply online at acas.org.uk or call 0300 123 1100 (Mon–Fri 8am–6pm, free interpreter — say "Russian" or "Uzbek"). The queue is currently around 7 weeks, so do not delay.
- 4
Negotiation. The employer will most likely offer money to close the dispute. The first offer is almost always low — you do not have to answer straight away: take a pause, calculate what you are really owed (wages + holiday pay + late payment), name your figure. The ACAS conciliator passes offers between you; they cannot pressure you.
- 5
No agreement — Employment Tribunal. Filing was free as of our last check; a lawyer is not required but helps — many advise on work disputes for free (see "Who to contact").
Important: dismissing or punishing you for complaining is unlawful (victimisation) — a separate violation with separate compensation.
If you worked without permission
Let us say it plainly, without judgement: many people in your situation worked because waiting with no money is impossible. But the route to your money here is different:
- Do not apply to ACAS or a court yourself. To claim wages you would have to show that you worked — and work outside visa conditions is a breach that carries penalties. Courts also, as a rule, do not enforce pay under an "illegal" contract.
- What works instead:
- A free adviser first. Work Rights Centre (advice available in Russian), law centres, ATLEU. An adviser will assess what can be claimed safely: discrimination and injury claims can sometimes survive even illegal work — but only a lawyer decides that, not you and not us.
- If you were systematically deceived — never paid from the start, passport taken, threats, controlled housing, a "debt" for getting you the job — that is not a work dispute anymore, that is exploitation. Protection from it does not depend on status: Modern Slavery & Exploitation Helpline 08000 121 700 (free, can be anonymous, interpreters). A decision about the NRM — only after talking to a lawyer: it affects your case, and a specialist must weigh it.
- Dangerous conditions, injury — HSE and a doctor: always record your health, this does not depend on status.
We do not give immigration advice here: how all this connects to your asylum case is a question for an IAA-registered adviser → /database/lawyers
Self-employed (construction, invoices)
If you are self-employed, ACAS and the Employment Tribunal are not your route: they are for workers. Your route:
- 1
Letter before claim: the amount, what for, 14-day deadline, "then court".
- 2
Money claim online (county court): online, amounts up to £10,000 go through the simplified small claims track, the fee depends on the amount — from £35.
- 3
Attach: invoices, messages, photos of the work, witnesses.
But first check — are you really self-employed? If they tell you where and when to work, give you tools, pay by the hour, and there is one client — legally you may be a worker, even if the paper says "self-employed". Then you have minimum wage, holiday pay — and the ACAS route. This is called false self-employment, and construction is full of it. Free check: Work Rights Centre.
Who to contact
Common mistakes
Waiting "to sort it out nicely" for more than 2 months — the 3-months-minus-1-day limit burns fast.
Accepting the first offered amount the same day.
Quitting with a row before the paperwork is collected.
Staying silent about exploitation out of fear for your status — help with exploitation does not depend on status.
Frequently asked questions
Will a complaint about my employer affect my asylum case?
The case is decided on your persecution story. A work dispute over legal work does not affect it. If the work was outside your conditions — read the block above and start with an adviser.
I have no contract. Do I have a chance?
Yes. Messages, rotas, photos, witnesses, bank transfers all count. A verbal agreement is still an agreement.
How long does ACAS take?
The queue to start is about 7 weeks, the talks themselves up to 6 weeks. That is why the first call is today.
My employer threatens deportation if I complain.
Threats about status are unlawful pressure. If your work was legal, they can do nothing; if it was not — go to an adviser, do not stay silent: threats are a sign of exploitation.
Is this legal advice?
No. This is general information. A lawyer advises on your case; on the immigration side — only an IAA-registered adviser.