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Part IE+W+S Employment particulars

EnforcementE+W+S

11 References to [F1employment tribunals].E+W+S

[F2(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.]

(2)Where—

(a)a statement purporting to be a statement under section 1 or 4 [F3has been given to an employee], or a pay statement or a standing statement of fixed deductions purporting to comply with [F4section 8 or 9 has been given to a worker], and

(b)a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part,

either the employer or [F5the person to whom the statement has been given] may require the question to be referred to and determined by an [F1employment tribunal].

(3)For the purposes of this section—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a question as to the particulars which ought to have been included in a pay statement or standing statement of fixed deductions does not include a question solely as to the accuracy of an amount stated in any such particulars.

(4)An [F1employment tribunal] shall not consider a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was made—

(a)before the end of the period of three months beginning with the date on which the employment ceased, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months.

[F7(5)Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (4)(a).]

[F8(6)[F9Section] 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).]

Textual Amendments

F1Words in s. 11(1)(2)(4) and sidenote to s. 11 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F6S. 11(3)(a) omitted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 68

F7S. 11(5) inserted (20.5.2011 with application as mentioned in regs. 3 and 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 31

Modifications etc. (not altering text)

C1S. 11: power to apply conferred (1.4.1999) by 1998 c. 39, s. 12(4)(a) (with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2

12 Determination of references.E+W+S

(1)Where, on a reference under section 11(1), an [F10employment tribunal] determines particulars as being those which ought to have been included or referred to in a statement given under section 1 or 4, the employer shall be deemed to have given to the employee a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal.

(2)On determining a reference under section 11(2) relating to a statement purporting to be a statement under section 1 or 4, an [F10employment tribunal] may—

(a)confirm the particulars as included or referred to in the statement given by the employer,

(b)amend those particulars, or

(c)substitute other particulars for them,

as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in accordance with the decision of the tribunal.

(3)Where on a reference under section 11 an [F10employment tribunal] finds—

(a)that an employer has failed to give [F11a worker] any pay statement in accordance with section 8, or

(b)that a pay statement or standing statement of fixed deductions does not, in relation to a deduction, contain the particulars required to be included in that statement by that section or section 9,

the tribunal shall make a declaration to that effect.

(4)Where on a reference in the case of which subsection (3) applies the tribunal further finds that any unnotified deductions have been made from the pay of [F12the worker] during the period of thirteen weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the contract of employment), the tribunal may order the employer to pay [F12the worker] a sum not exceeding the aggregate of the unnotified deductions so made.

(5)For the purposes of subsection (4) a deduction is an unnotified deduction if it is made without the employer giving [F13the worker], in any pay statement or standing statement of fixed deductions, the particulars of the deduction required by section 8 or 9.

Textual Amendments

F10Words in s. 12(1)(2)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2S. 12: power to apply conferred (1.4.1999) by 1998 c. 39, s. 12(4)(a)(with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2