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

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Amendment to the Employment Rights Act 1996

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2.—(1) The Employment Rights Act 1996(1) is amended as follows.

(2) In section 8(1)(2), 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 11(3)—

(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 12(4)—

(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”.

(2)

Section 8 was amended by S.I. 2018/147.

(3)

Section 11 was amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); section 8 of, and paragraphs 15 and 16 of Schedule 2 to, the Enterprise and Regulatory Reform Act 2013 (c. 24); section 24 of, and paragraphs 66 and 68 of Schedule 13 to, the Pensions Act 2014 (c. 19); and S.I. 2011/1133 and S.I. 2014/431.

(4)

Section 12 was amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).

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