Employment Rights Act 1996

11 References to [F1 employment 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 [F3 has been given to an employee], or a pay statement or a standing statement of fixed deductions purporting to comply with [F4 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 [F5 the person to whom the statement has been given] may require the question to be referred to and determined by an [F1 employment 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 [F1 employment 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) [F9 Section] 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).]

Textual Amendments

F1 Words 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

F2 S. 11(1) 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(4)(a) (with art. 3)

F3 Words in s. 11(2)(a) inserted (6.4.2019) by The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(4)(b)(i) (with art. 3)

F4 Words in s. 11(2)(a) 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(4)(b)(ii) (with art. 3)

F5 Words in s. 11(2) substituted (6.4.2019) by virtue of The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(4)(b)(iii)

F6 S. 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

F7 S. 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

F8 S. 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)

F9 Word 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)

C1 S. 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