Part I Employment particulars
Enforcement
C111 References to F1employment tribunals.
F51
Where an employer does not give a worker a statement as required by section 1, 4 or 8 (either because the employer gives the worker no statement or because the statement the employer gives does not comply with what is required), 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—
F7a
a statement purporting to be a statement under section 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with section 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,
3
For the purposes of this section—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F85
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F26
F3Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).