- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Point in time view as at 31/12/2020.
Employment Rights Act 1996, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F2(1)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—
[F3(a)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,
either the employer or [F4the worker] may require the question to be referred to and determined by an [F1employment tribunal].
(3)For the purposes of this section—
F5(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.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(6)[F8Section] 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
F2S. 11(1) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 13(a) (with reg. 15)
F3S. 11(2)(a) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 13(b) (with reg. 15)
F4Words in s. 11(2) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 13(c) (with reg. 15)
F5S. 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
F6S. 11(5) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
F7S. 11(6) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 16; S.I. 2014/253, art. 3(g)
F8Word in s. 11(6) substituted (6.4.2014) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 (S.I. 2014/431), art. 1, Sch. para. 3
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
(1)Where, on a reference under section 11(1), an [F9employment 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 [F10worker] 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 [F9employment 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 [F11worker] in accordance with the decision of the tribunal.
(3)Where on a reference under section 11 an [F9employment tribunal] finds—
(a)that an employer has failed to give [F12a 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 [F13the 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 [F13the 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 [F14the worker], in any pay statement or standing statement of fixed deductions, the particulars of the deduction required by section 8 or 9.
Textual Amendments
F9Words 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
F10Word in s. 12(1) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 14 (with reg. 15)
F11Word in s. 12(2) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 14 (with reg. 15)
F12Words in s. 12(3) substituted (6.4.2019) by The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(5)(a) (with art. 3)
F13Words in s. 12(4) substituted (6.4.2019) by The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(5)(b) (with art. 3)
F14Words in s. 12(5) substituted (6.4.2019) by The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(5)(b) (with art. 3)
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
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