Draft Order laid before Parliament under section 42(2) of the Employment Relations Act 1999, for approval by resolution of each House of Parliament.

2018 No. 000

Terms And Conditions Of Employment

The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018

Made

Coming into force

The Secretary of State, in exercise of the powers conferred by section 23 of the Employment Relations Act 19991, makes the following Order.

In accordance with section 42(2) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

Citation and commencement1

This Order may be cited as the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 and comes into force on 6th April 2019.

Amendment to the Employment Rights Act 19962

1

The Employment Rights Act 19962 is amended as follows.

2

In section 8(1)3, for “An employee” substitute “A worker”.

3

In section 9—

a

for “the employee”, in each place it occurs, substitute “the worker”;

b

in subsection (4), for “an employee” substitute “a worker”.

4

In section 114

a

for subsection (1) substitute—

1

Where an employer does not give—

a

an employee a statement as required by section 1 or 4, or

b

a worker a statement as required by section 8,

(either because he gives him no statement or because the statement he gives does not comply with what is required), the employee or the worker may require a reference to be made to an employment 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 .

b

in subsection (2)—

i

in paragraph (a), after “4” insert “has been given to an employee”;

ii

in paragraph (a), for “section 8 or 9, has been given to an employee” substitute “section 8 or 9 has been given to a worker”;

iii

in the words after paragraph (b), leave out “the employee” and insert “the person to whom the statement has been given”.

5

In section 125

a

in subsection (3), for “an employee” substitute “a worker”;

b

in subsections (4) and (5), for “the employee”, in each place it occurs, substitute “the worker”.

Application3

The amendments made by this Order do not apply in relation to wages or salary paid in respect of a period of work which commences before this Order comes into force.

NameParliamentary Under Secretary of StateDepartment for Business, Energy and Industrial StrategyAddress
EXPLANATORY NOTE

(This note is not part of the Order)

This instrument amends Part I of the Employment Rights Act 1996 (c. 18) (“the 1996 Act”), to confer the right to an itemised pay statement and associated enforcement provisions upon all workers. Presently, employers are required to provide an itemised pay statement to ‘employees’ only, a particular class of worker that works under an employment contract.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Labour Market Directorate, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.