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Employment Rights Act 1996 (c. 18)

(The document as of February, 2008)

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Employment Rights Act 1996

1996 CHAPTER 18

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Employment particulars

    1. Right to statements of employment particulars

      1. 1. Statement of initial employment particulars.

      2. 2. Statement of initial particulars: supplementary.

      3. 3. Note about disciplinary procedures and pensions.

      4. 4. Statement of changes.

      5. 5. Exclusion from rights to statements.

      6. 6. Reasonably accessible document or collective agreement.

      7. 7. Power to require particulars of further matters.

    2. Right to itemised pay statement

      1. 8. Itemised pay statement.

      2. 9. Standing statement of fixed deductions.

      3. 10. Power to amend provisions about pay and standing statements.

    3. Enforcement

      1. 11. References to industrial tribunals.

      2. 12. Determination of references.

  2. Part II

    Protection of wages

    1. Deductions by employer

      1. 13. Right not to suffer unauthorised deductions.

      2. 14. Excepted deductions.

    2. Payments to employer

      1. 15. Right not to have to make payments to employer.

      2. 16. Excepted payments.

    3. Cash shortages and stock deficiencies in retail employment

      1. 17. Introductory.

      2. 18. Limits on amount and time of deductions.

      3. 19. Wages determined by reference to shortages etc.

      4. 20. Limits on method and timing of payments.

      5. 21. Limit on amount of payments.

      6. 22. Final instalments of wages.

    4. Enforcement

      1. 23. Complaints to industrial tribunals.

      2. 24. Determination of complaints.

      3. 25. Determinations: supplementary.

      4. 26. Complaints and other remedies.

    5. Supplementary

      1. 27. Meaning of "wages" etc.

  3. Part III

    Guarantee payments

    1. 28. Right to guarantee payment.

    2. 29. Exclusions from right to guarantee payment.

    3. 30. Calculation of guarantee payment.

    4. 31. Limits on amount of and entitlement to guarantee payment.

    5. 32. Contractual remuneration.

    6. 33. Power to modify provisions about guarantee payments.

    7. 34. Complaints to industrial tribunals.

    8. 35. Exemption orders.

  4. Part IV

    Sunday working for shop and betting workers

    1. Protected shop workers and betting workers

      1. 36. Protected shop workers and betting workers.

      2. 37. Contractual requirements relating to Sunday work.

      3. 38. Contracts with guaranteed hours.

      4. 39. Reduction of pay etc.

    2. Opting-out of Sunday work

      1. 40. Notice of objection to Sunday working.

      2. 41. Opted-out shop workers and betting workers.

      3. 42. Explanatory statement.

      4. 43. Contractual requirements relating to Sunday work.

  5. Part V

    Protection from suffering detriment in employment

    1. Rights not to suffer detriment

      1. 44. Health and safety cases.

      2. 45. Sunday working for shop and betting workers.

      3. 46. Trustees of occupational pension schemes.

      4. 47. Employee representatives.

    2. Enforcement

      1. 48. Complaints to industrial tribunals.

      2. 49. Remedies.

  6. Part VI

    Time off work

    1. Public duties

      1. 50. Right to time off for public duties.

      2. 51. Complaints to industrial tribunals.

    2. Looking for work and making arrangements for training

      1. 52. Right to time off to look for work or arrange training.

      2. 53. Right to remuneration for time off under section 52.

      3. 54. Complaints to industrial tribunals.

    3. Ante-natal care

      1. 55. Right to time off for ante-natal care.

      2. 56. Right to remuneration for time off under section 55.

      3. 57. Complaints to industrial tribunals.

    4. Occupational pension scheme trustees

      1. 58. Right to time off for pension scheme trustees.

      2. 59. Right to payment for time off under section 58.

      3. 60. Complaints to industrial tribunals.

    5. Employee representatives

      1. 61. Right to time off for employee representatives.

      2. 62. Right to remuneration for time off under section 61.

      3. 63. Complaints to industrial tribunals.

  7. Part VII

    Suspension from work

    1. Suspension on medical grounds

      1. 64. Right to remuneration on suspension on medical grounds.

      2. 65. Exclusions from right to remuneration.

    2. Suspension on maternity grounds

      1. 66. Meaning of suspension on maternity grounds.

      2. 67. Right to offer of alternative work.

      3. 68. Right to remuneration.

    3. General

      1. 69. Calculation of remuneration.

      2. 70. Complaints to industrial tribunals.

  8. Part VIII

    Maternity rights

    1. General right to maternity leave

      1. 71. General right to maternity leave.

      2. 72. Commencement of maternity leave period.

      3. 73. Duration of maternity leave period.

      4. 74. Requirement to notify commencement of leave.

      5. 75. Requirement to notify pregnancy etc.

      6. 76. Requirement to notify return during maternity leave period.

      7. 77. Redundancy during maternity leave period.

      8. 78. Contractual rights to maternity leave.

    2. Right to return to work

      1. 79. Right to return to work.

      2. 80. Requirement to notify return.

      3. 81. Redundancy before return.

      4. 82. Exercise of right to return.

      5. 83. Notified day of return.

      6. 84. Employee dismissed at or after end of maternity leave period.

      7. 85. Contractual rights to return.

  9. Part IX

    Termination of employment

    1. Minimum period of notice

      1. 86. Rights of employer and employee to minimum notice.

      2. 87. Rights of employee in period of notice.

      3. 88. Employments with normal working hours.

      4. 89. Employments without normal working hours.

      5. 90. Short-term incapacity benefit and industrial injury benefit.

      6. 91. Supplementary.

    2. Written statement of reasons for dismissal

      1. 92. Right to written statement of reasons for dismissal.

      2. 93. Complaints to industrial tribunal.

  10. Part X

    Unfair dismissal

    1. Chapter I

      Right not to be unfairly dismissed

      1. The right

        1. 94. The right.

      2. Dismissal

        1. 95. Circumstances in which an employee is dismissed.

        2. 96. Failure to permit return after childbirth treated as dismissal.

        3. 97. Effective date of termination.

      3. Fairness

        1. 98. General.

        2. 99. Pregnancy and childbirth.

        3. 100. Health and safety cases.

        4. 101. Shop workers and betting workers who refuse Sunday work.

        5. 102. Trustees of occupational pension schemes.

        6. 103. Employee representatives.

        7. 104. Assertion of statutory right.

        8. 105. Redundancy.

        9. 106. Replacements.

        10. 107. Pressure on employer to dismiss unfairly.

      4. Exclusion of right

        1. 108. Qualifying period of employment.

        2. 109. Upper age limit.

        3. 110. Dismissal procedures agreements.

    2. Chapter II

      Remedies for unfair dismissal

      1. Introductory

        1. 111. Complaints to industrial tribunal.

        2. 112. The remedies: orders and compensation.

      2. Orders for reinstatement or re-engagement

        1. 113. The orders.

        2. 114. Order for reinstatement.

        3. 115. Order for re-engagement.

        4. 116. Choice of order and its terms.

        5. 117. Enforcement of order and compensation.

      3. Compensation

        1. 118. General.

        2. 119. Basic award.

        3. 120. Basic award: minimum in certain cases.

        4. 121. Basic award of two weeks' pay in certain cases.

        5. 122. Basic award: reductions.

        6. 123. Compensatory award.

        7. 124. Limit of compensatory award etc.

        8. 125. Special award.

        9. 126. Acts which are both unfair dismissal and discrimination.

        10. 127. Dismissal of woman at or after end of maternity leave period.

      4. Interim relief

        1. 128. Interim relief pending determination of complaint.

        2. 129. Procedure on hearing of application and making of order.

        3. 130. Order for continuation of contract of employment.

        4. 131. Application for variation or revocation of order.

        5. 132. Consequence of failure to comply with order.

    3. Chapter III

      Supplementary

      1. 133. Death of employer or employee.

      2. 134. Teachers in aided schools.

  11. Part XI

    Redundancy payments etc.

    1. Chapter I

      Right to redundancy payment

      1. 135. The right.

    2. Chapter II

      Right on dismissal by reason of redundancy

      1. Dismissal by reason of redundancy

        1. 136. Circumstances in which an employee is dismissed.

        2. 137. Failure to permit return after childbirth treated as dismissal.

        3. 138. No dismissal in cases of renewal of contract or re-engagement.

        4. 139. Redundancy.

      2. Exclusions

        1. 140. Summary dismissal.

        2. 141. Renewal of contract or re-engagement.

        3. 142. Employee anticipating expiry of employer's notice.

        4. 143. Strike during currency of employer's notice.

        5. 144. Provisions supplementary to section 143.

      3. Supplementary

        1. 145. The relevant date.

        2. 146. Provisions supplementing sections 138 and 141.

    3. Chapter III

      Right by reason of lay-off or short-time

      1. Lay-off and short-time

        1. 147. Meaning of "lay-off" and "short-time".

        2. 148. Eligibility by reason of lay-off or short-time.

      2. Exclusions

        1. 149. Counter-notices.

        2. 150. Resignation.

        3. 151. Dismissal.

        4. 152. Likelihood of full employment.

      3. Supplementary

        1. 153. The relevant date.

        2. 154. Provisions supplementing sections 148 and 152.

    4. Chapter IV

      General exclusions from right

      1. 155. Qualifying period of employment.

      2. 156. Upper age limit.

      3. 157. Exemption orders.

      4. 158. Pension rights.

      5. 159. Public offices etc.

      6. 160. Overseas government employment.

      7. 161. Domestic servants.

    5. Chapter V

      Other provisions about redundancy payments

      1. 162. Amount of a redundancy payment.

      2. 163. References to industrial tribunals.

      3. 164. Claims for redundancy payment.

      4. 165. Written particulars of redundancy payment.

    6. Chapter VI

      Payments by Secretary of State

      1. 166. Applications for payments.

      2. 167. Making of payments.

      3. 168. Amount of payments.

      4. 169. Information relating to applications for payments.

      5. 170. References to industrial tribunals.

    7. Chapter VII

      Supplementary

      1. Application of Part to particular cases

        1. 171. Employment not under contract of employment.

        2. 172. Termination of employment by statute.

        3. 173. Employees paid by person other than employer.

      2. Death of employer or employee

        1. 174. Death of employer: dismissal.

        2. 175. Death of employer: lay-off and short-time.

        3. 176. Death of employee.

      3. Equivalent payments

        1. 177. References to industrial tribunals.

      4. Other supplementary provisions

        1. 178. Old statutory compensation schemes.

        2. 179. Notices.

        3. 180. Offences.

        4. 181. Interpretation.

  12. Part XII

    Insolvency of employers

    1. 182. Employee's rights on insolvency of employer.

    2. 183. Insolvency.

    3. 184. Debts to which Part applies.

    4. 185. The appropriate date.

    5. 186. Limit on amount payable under section 182.

    6. 187. Role of relevant officer.

    7. 188. Complaints to industrial tribunals.

    8. 189. Transfer to Secretary of State of rights and remedies.

    9. 190. Power to obtain information.

  13. Part XIII

    Miscellaneous

    1. Chapter I

      Particular types of employment

      1. Crown employment etc.

        1. 191. Crown employment.

        2. 192. Armed forces.

        3. 193. National security.

      2. Parliamentary staff

        1. 194. House of Lords staff.

        2. 195. House of Commons staff.

      3. Excluded classes of employment

        1. 196. Employment outside Great Britain.

        2. 197. Fixed-term contracts.

        3. 198. Short-term employment.

        4. 199. Mariners.

        5. 200. Police officers.

      4. Offshore employment

        1. 201. Power to extend employment legislation to offshore employment.

    2. Chapter II

      Other miscellaneous matters

      1. Restrictions on disclosure of information

        1. 202. National security.

      2. Contracting out etc. and remedies

        1. 203. Restrictions on contracting out.

        2. 204. Law governing employment.

        3. 205. Remedy for infringement of certain rights.

      3. General provisions about death of employer or employee

        1. 206. Institution or continuance of tribunal proceedings.

        2. 207. Rights and liabilities accruing after death.

      4. Modifications of Act

        1. 208. Review of limits.

        2. 209. Powers to amend Act.

  14. Part XIV

    Interpretation

    1. Chapter I

      Continuous employment

      1. 210. Introductory.

      2. 211. Period of continuous employment.

      3. 212. Weeks counting in computing period.

      4. 213. Intervals in employment.

      5. 214. Special provisions for redundancy payments.

      6. 215. Employment abroad etc.

      7. 216. Industrial disputes.

      8. 217. Reinstatement after military service.

      9. 218. Change of employer.

      10. 219. Reinstatement or re-engagement of dismissed employee.

    2. Chapter II

      A week's pay

      1. Introductory

        1. 220. Introductory.

      2. Employments with normal working hours

        1. 221. General.

        2. 222. Remuneration varying according to time of work.

        3. 223. Supplementary.

      3. Employments with no normal working hours

        1. 224. Employments with no normal working hours.

      4. The calculation date

        1. 225. Rights during employment.

        2. 226. Rights on termination.

      5. Maximum amount of week's pay

        1. 227. Maximum amount.

      6. Miscellaneous

        1. 228. New employments and other special cases.

        2. 229. Supplementary.

    3. Chapter III

      Other interpretation provisions

      1. 230. Employees, workers etc.

      2. 231. Associated employers.

      3. 232. Shop workers.

      4. 233. Betting workers.

      5. 234. Normal working hours.

      6. 235. Other definitions.

  15. Part XV

    General and supplementary

    1. General

      1. 236. Orders and regulations.

      2. 237. Financial provisions.

    2. Reciprocal arrangements

      1. 238. Reciprocal arrangements with Northern Ireland.

      2. 239. Reciprocal arrangements with Isle of Man.

    3. Final provisions

      1. 240. Consequential amendments.

      2. 241. Transitionals, savings and transitory provisions.

      3. 242. Repeals and revocations.

      4. 243. Commencement.

      5. 244. Extent.

      6. 245. Short title.

  16. SCHEDULES:

    1. Schedule 1

      Consequential amendments.

    2. Schedule 2

      Transitional provisions, savings and transitory provisions.

      1. Part I

        Transitional provisions and savings.

      2. Part II

        Transitory provisions.

    3. Schedule 3

      Repeals and revocations.

      1. Part I

        Repeals.

      2. Part II

        Revocations.

An Act to consolidate enactments relating to employment rights.

[22nd May 1996]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Employment particulars

Right to statements of employment particulars

1 Statement of initial employment particulars

(1) Where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment.

(2) The statement may (subject to section 2(4)) be given in instalments and (whether or not given in instalments) shall be given not later than two months after the beginning of the employment.

(3) The statement shall contain particulars of--

(a) the names of the employer and employee,

(b) the date when the employment began, and

(c) the date on which the employee's period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).

(4) The statement shall also contain particulars, as at a specified date not more than seven days before the statement (or the instalment containing them) is given, of--

(a) the scale or rate of remuneration or the method of calculating remuneration,

(b) the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),

(c) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),

(d) any terms and conditions relating to any of the following--

(i) entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee's entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),

(ii) incapacity for work due to sickness or injury, including any provision for sick pay, and

(iii) pensions and pension schemes,

(e) the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment,

(f) the title of the job which the employee is employed to do or a brief description of the work for which he is employed,

(g) where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,

(h) either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer,

(j) any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, and

(k) where the employee is required to work outside the United Kingdom for a period of more than one month--

(i) the period for which he is to work outside the United Kingdom,

(ii) the currency in which remuneration is to be paid while he is working outside the United Kingdom,

(iii) any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and

(iv) any terms and conditions relating to his return to the United Kingdom.

(5) Subsection (4)(d)(iii) does not apply to an employee of a body or authority if--

(a) the employee's pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act, and

(b) any such provision requires the body or authority to give to a new employee information concerning the employee's pension rights or the determination of questions affecting those rights.

2 Statement of initial particulars: supplementary

(1) If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of that section, or under any of the other paragraphs of subsection (3) or (4) of that section, that fact shall be stated.

(2) A statement under section 1 may refer the employee for particulars of any of the matters specified in subsection (4)(d)(ii) and (iii) of that section to the provisions of some other document which is reasonably accessible to the employee.

(3) A statement under section 1 may refer the employee for particulars of either of the matters specified in subsection (4)(e) of that section to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee.

(4) The particulars required by section 1(3) and (4)(a) to (c), (d)(i), (f) and (h) shall be included in a single document.

(5) Where before the end of the period of two months after the beginning of an employee's employment the employee is to begin to work outside the United Kingdom for a period of more than one month, the statement under section 1 shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work.

(6) A statement shall be given to a person under section 1 even if his employment ends before the end of the period within which the statement is required to be given.

3 Note about disciplinary procedures and pensions

(1) A statement under section 1 shall include a note--

(a) specifying any disciplinary rules applicable to the employee or referring the employee to the provisions of a document specifying such rules which is reasonably accessible to the employee,

(b) specifying (by description or otherwise)--

(i) a person to whom the employee can apply if dissatisfied with any disciplinary decision relating to him, and

(ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment,

and the manner in which any such application should be made, and

(c) where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to the employee.

(2) Subsection (1) does not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work.

(3) The note need not comply with the following provisions of subsection (1)--

(a) paragraph (a),

(b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i), and

(c) paragraph (c),

if on the date when the employee's employment began the relevant number of employees was less than twenty.

(4) In subsection (3) "the relevant number of employees", in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.

(5) The note shall also state whether there is in force a contracting-out certificate (issued in accordance with Chapter I of Part III of the [1993 c. 48.] Pension Schemes Act 1993) stating that the employment is contracted-out employment (for the purposes of that Part of that Act).

4 Statement of changes

(1) If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to the employee a written statement containing particulars of the change.

(2) For the purposes of subsection (1)--

(a) in relation to a matter particulars of which are included or referred to in a statement given under section 1 otherwise than in instalments, the material date is the date to which the statement relates,

(b) in relation to a matter particulars of which--

(i) are included or referred to in an instalment of a statement given under section 1, or

(ii) are required by section 2(4) to be included in a single document but are not included in an instalment of a statement given under section 1 which does include other particulars to which that provision applies,

the material date is the date to which the instalment relates, and

(c) in relation to any other matter, the material date is the date by which a statement under section 1 is required to be given.

(3) A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than--

(a) one month after the change in question, or

(b) where that change results from the employee being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if that is earlier.

(4) A statement under subsection (1) may refer the employee to the provisions of some other document which is reasonably accessible to the employee for a change in any of the matters specified in sections 1(4)(d)(ii) and (iii) and 3(1)(a) and (c).

(5) A statement under subsection (1) may refer the employee for a change in either of the matters specified in section 1(4)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee.

(6) Where, after an employer has given to an employee a statement under section 1, either--

(a) the name of the employer (whether an individual or a body corporate or partnership) is changed without any change in the identity of the employer, or

(b) the identity of the employer is changed in circumstances in which the continuity of the employee's period of employment is not broken,

and subsection (7) applies in relation to the change, the person who is the employer immediately after the change is not required to give to the employee a statement under section 1; but the change shall be treated as a change falling within subsection (1) of this section.

(7) This subsection applies in relation to a change if it does not involve any change in any of the matters (other than the names of the parties) particulars of which are required by sections 1 to 3 to be included or referred to in the statement under section 1.

(8) A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (6)(b) shall specify the date on which the employee's period of continuous employment began.

5 Exclusion from rights to statements

(1) Sections 1 to 4 apply to an employee who at any time comes or ceases to come within the exceptions from those sections provided by sections 196 and 199, and under section 209, as if his employment with his employer terminated or began at that time.

(2) The fact that section 1 is directed by subsection (1) to apply to an employee as if his employment began on his ceasing to come within the exceptions referred to in that subsection does not affect the obligation under section 1(3)(b) to specify the date on which his employment actually began.

6 Reasonably accessible document or collective agreement

In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to an employee are references to a document or collective agreement which--

(a) the employee has reasonable opportunities of reading in the course of his employment, or

(b) is made reasonably accessible to the employee in some other way.

7 Power to require particulars of further matters

The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appear to the Secretary of State to be expedient.



Right to itemised pay statement

8 Itemised pay statement

(1) An employee has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.

(2) The statement shall contain particulars of--

(a) the gross amount of the wages or salary,

(b) the amounts of any variable, and (subject to section 9) any fixed, deductions from that gross amount and the purposes for which they are made,

(c) the net amount of wages or salary payable, and

(d) where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment.

9 Standing statement of fixed deductions

(1) A pay statement given in accordance with section 8 need not contain separate particulars of a fixed deduction if--

(a) it contains instead an aggregate amount of fixed deductions, including that deduction, and

(b) the employer has given to the employee, at or before the time at which the pay statement is given, a standing statement of fixed deductions which satisfies subsection (2).

(2) A standing statement of fixed deductions satisfies this subsection if--

(a) it is in writing,

(b) it contains, in relation to each deduction comprised in the aggregate amount of deductions, particulars of--

(i) the amount of the deduction,

(ii) the intervals at which the deduction is to be made, and

(iii) the purpose for which it is made, and

(c) it is (in accordance with subsection (5)) effective at the date on which the pay statement is given.

(3) A standing statement of fixed deductions may be amended, whether by--

(a) addition of a new deduction,

(b) a change in the particulars, or

(c) cancellation of an existing deduction,

by notice in writing, containing particulars of the amendment, given by the employer to the employee.

(4) An employer who has given to an employee a standing statement of fixed deductions shall--

(a) within the period of twelve months beginning with the date on which the first standing statement was given, and

(b) at intervals of not more than twelve months afterwards,

re-issue it in a consolidated form incorporating any amendments notified in accordance with subsection (3).

(5) For the purposes of subsection (2)(c) a standing statement of fixed deductions--

(a) becomes effective on the date on which it is given to the employee, and

(b) ceases to be effective at the end of the period of twelve months beginning with that date or, where it is re-issued in accordance with subsection (4), with the end of the period of twelve months beginning with the date of the last re-issue.

10 Power to amend provisions about pay and standing statements

The Secretary of State may by order--

(a) vary the provisions of sections 8 and 9 as to the particulars which must be included in a pay statement or a standing statement of fixed deductions by adding items to, or removing items from, the particulars listed in those sections or by amending any such particulars, and

(b) vary the provisions of subsections (4) and (5) of section 9 so as to shorten or extend the periods of twelve months referred to in those subsections, or those periods as varied from time to time under this section.



Enforcement

11 References to industrial tribunals

(1) Where an employer does not give an employee a statement as required by section 1, 4 or 8 (either because he gives him no statement or because the statement he gives does not comply with what is required), the employee may require a reference to be made to an industrial tribunal to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the section concerned.

(2) Where--

(a) a statement purporting to be a statement under section 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with section 8 or 9, has been given to an employee, and

(b) a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part,

either the employer or the employee may require the question to be referred to and determined by an industrial tribunal.

(3) For the purposes of this section--

(a) a question as to the particulars which ought to have been included in the note required by section 3 to be included in the statement under section 1 does not include any question whether the employment is, has been or will be contracted-out employment (for the purposes of Part III of the [1993 c. 48.] Pension Schemes Act 1993), and

(b) a question as to the particulars which ought to have been included in a pay statement or standing statement of fixed deductions does not include a question solely as to the accuracy of an amount stated in any such particulars.

(4) An industrial tribunal shall not consider a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was made--

(a) before the end of the period of three months beginning with the date on which the employment ceased, or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months.

12 Determination of references

(1) Where, on a reference under section 11(1), an industrial tribunal determines particulars as being those which ought to have been included or referred to in a statement given under section 1 or 4, the employer shall be deemed to have given to the employee a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal.

(2) On determining a reference under section 11(2) relating to a statement purporting to be a statement under section 1 or 4, an industrial tribunal may--

(a) confirm the particulars as included or referred to in the statement given by the employer,

(b) amend those particulars, or

(c) substitute other particulars for them,

as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in accordance with the decision of the tribunal.

(3) Where on a reference under section 11 an industrial tribunal finds--

(a) that an employer has failed to give an employee any pay statement in accordance with section 8, or

(b) that a pay statement or standing statement of fixed deductions does not, in relation to a deduction, contain the particulars required to be included in that statement by that section or section 9,

the tribunal shall make a declaration to that effect.

(4) Where on a reference in the case of which subsection (3) applies the tribunal further finds that any unnotified deductions have been made from the pay of the employee during the period of thirteen weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the contract of employment), the tribunal may order the employer to pay the employee a sum not exceeding the aggregate of the unnotified deductions so made.

(5) For the purposes of subsection (4) a deduction is an unnotified deduction if it is made without the employer giving the employee, in any pay statement or standing statement of fixed deductions, the particulars of the deduction required by section 8 or 9.



Part II Protection of wages

Deductions by employer

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13 Right not to suffer unauthorised deductions

(1) An employer shall not make a deduction from wages of a worker employed by him unless--

(a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker's contract, or

(b) the worker has previously signified in writing his agreement or consent to the making of the deduction.

(2) In this section "relevant provision", in relation to a worker's contract, means a provision of the contract comprised--

(a) in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or

(b) in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion.

(3) Where the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion (after deductions), the amount of the deficiency shall be treated for the purposes of this Part as a deduction made by the employer from the worker's wages on that occasion.

(4) Subsection (3) does not apply in so far as the deficiency is attributable to an error of any description on the part of the employer affecting the computation by him of the gross amount of the wages properly payable by him to the worker on that occasion.

(5) For the purposes of this section a relevant provision of a worker's contract having effect by virtue of a variation of the contract does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the variation took effect.

(6) For the purposes of this section an agreement or consent signified by a worker does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the agreement or consent was signified.

(7) This section does not affect any other statutory provision by virtue of which a sum payable to a worker by his employer but not constituting "wages" within the meaning of this Part is not to be subject to a deduction at the instance of the employer.

14 Excepted deductions

(1) Section 13 does not apply to a deduction from a worker's wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of--

(a) an overpayment of wages, or

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15

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