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► Pay slips
Itemised pay statements
Most employees have a statutory right to receive a written pay statement. However certain groups are are EXCLUDED from receiving a payslip:-
- anyone who is not an employee, (for example, an independent contractor or freelance agent).
- an employee who ordinarily works outside the UK under her/his contract of employment.
- members of the police service.
- merchant seamen and share fisherman.
If you are an employee and not in one of the excluded groups above, your pay statement must contain the following details:
- the gross amount of the wages or salary.
- the amounts of any fixed deductions (see note below) and the purposes for which they are made, for example, trade union subscriptions and National Savings scheme contributions.
- where net pay is split into different part payments, the amount and method of each part payment the amounts of any variable deductions and the purposes for which they are made, for example, the separate figures of a cash payment and a balance credited to a bank account.
- the net amount of any wages or salary payable.
Note: In the case of fixed deductions, your employer is allowed to give you a written “standing statement of fixed deductions”, showing the amount and purpose of each deduction, together with the intervals at which they are to be made. This statement must be updated where there are changes, and, in any case, at least every 12 months. If a standing statement of fixed deductions is provided, an employer does not then have to break down the fixed deductions on your pay slip, but can simply give the total figure in question.
What if I don't get a proper payslip?
If your employer does not give you a pay slip, or it is not complete, we would recommend that you write to your employer to request that s/he provides you with a full itemised statement. (Please note, if your employer dismisses you for requesting an itemised pay slip, see section below on Unfair dismissal). If your employer still refuses to supply you with one, you can go to an Employment Tribunal to determine what particulars ought to have been included in a statement. However, whilst the tribunal can make a declaration to the effect that your employer has failed to give you a pay statement or that the statement provided does not contain all the prescribed particulars, it does not have the power to order the employer to provide you with pay statements.
Tribunals can also award compensation, although whether they do in practice is up to them, and could depend, for example, on whether they regard the employer’s failure as a technical failure or a deliberate one.
Note: The amount of any compensation award will not be more than the total amount of deductions which the employer failed to record during the 13 weeks immediately before the date of your application to the Employment Tribunal. In other words, it is best to act quickly if you notice that money has been deducted, which is not recorded on your pay slip.
If you want to take a complaint to a tribunal you will need to make an application on an ET1 form [pdf] -you can get this from your local JobCentre Plus or Citizens Advice Bureau- while you are still in employment, or within three months of the job ending.
Unfair dismissal for asserting a statutory right
Normally you need to have worked for an employer continuously for one year before you can make a complaint of Unfair Dismissal to an Employment Tribunal. However, where you are dismissed for “asserting a statutory right”, you can claim Unfair Dismissal from the first day of your employment. If you are dismissed because you have requested an itemised pay statement, that will count as “asserting a statutory right”. If you can prove that was the reason for your dismissal, the dismissal will be automatically unfair and you will be entitled to compensation.
You can make a complaint for unfair dismissal to an Employment Tribunal on form ET1 [pdf] - available from your local Citizens Advice Bureau or the Jobcentre Plus network. You must make your complaint within three months of the date on which you are dismissed.
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