Part IEmployment particulars

Right to itemised pay statement

8Itemised 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.

9Standing 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.

10Power 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.