PART IIIEMPLOYMENT PARTICULARS

Right to itemised pay statement

Standing statement of fixed deductions41

1

A pay statement given in accordance with Article 40 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 paragraph (2).

2

A standing statement of fixed deductions satisfies this paragraph 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 paragraph (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 paragraph (3).

5

For the purposes of paragraph (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 paragraph (4), with the end of the period of twelve months beginning with the date of the last re-issue.