Commentary

G. Enforcing the right to a guarantee payment

Division BI Pay
| Commentary

G. Enforcing the right to a guarantee payment

| Commentary

G.     Enforcing the right to a guarantee payment

The employee's remedy for the failure of his employer to pay a guarantee payment, whether in whole or in part, is by way of complaint to an employment tribunal. There is no need for the employee to resign before complaining to the tribunal.

There are two ways in which such a complaint may be made. Firstly, a complaint may be made under s 34(1), which is part of the discrete, statutory scheme governing guarantee payments. Alternatively, a claim can be made under the general provisions dealing with deductions from wages set out in ERA 1996 Part II. This is because statutory guarantee payments are expressly included in the

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