Amendment of section 11
13. In section 11 (references to employment tribunals)(1)—
(a)for subsection (1) substitute—
“(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.”;
(b)for subsection (2)(a) substitute—
“(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”;
(c)in the text after subsection (2)(b), for “the person to whom the statement has been given” substitute “the worker”.
Section 11 was amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); section 8 of, and paragraphs 15 and 16 of Schedule 2 to, the Enterprise and Regulatory Reform Act 2013; section 24 of, and paragraphs 66 and 68 of Schedule 13 to, the Pensions Act 2014; and S.I. 2011/1133, 2014/431 and 2018/529 (the last of which comes into force on 6th April 2019).