All workers must now be provided with payslips, including those on zero hours and in casual employment, after new legislation came into force on 6 April. Previously, only employees were entitled to receive a pay slip.
Almost 300,000 workers who previously did not receive payslips will now be entitled to them.
Information must be provided on the payslip where the worker’s pay varies depending on the number of hours he/she has worked, for example, where a worker is paid hourly. The information must include the number of variable hours worked and the rate of pay received in respect of that work. The hours can be shown as a total, broken down for different types of work, or for different rates of pay if necessary.
If a worker is salaried, but receives additional pay for working overtime, only information on the additional hours and associated pay must be detailed. The workers salaried hours and associated pay need not be detailed.
Where a worker receives a fixed monthly salary there is no requirement to include information on the payslip to account for variations in pay that have arisen as a result of the worker taking unpaid leave or being in receipt of statutory sick pay. Pay variances such as this only arise due to the worker departing from his/her normal working and pay arrangements; they do not arise as a result of the amount of time worked.
However, if a worker is paid according to the amount of time worked and takes unpaid leave or receives statutory sick pay, any hours they did work will still need to be included on their payslip.
Payslips can be provided in hard copy or electronically.
A worker is entitled to bring a claim in the Employment Tribunal if a payslip is not provided to them, or if the payslip they receive lacks the required information.
If the Tribunal finds the employer has failed to discharge its payslip obligations, it must make a declaration to this effect. The declaration can also be published on the Tribunal website.
Additionally, where an employer has failed to provide a payslip, the Tribunal may order the repayment of any un-notified wage deductions made in the 13 weeks preceding the presentation of the claim, even if the employer was otherwise properly entitled to make the deductions.
Guidance released from the Department for Business, Energy and Industrial Strategy on what payslip information employers are obliged to provide can be found at http://tinyurl.com/yykvk9xw.