The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018

Publication Date:January 01, 2018
 
FREE EXCERPT

2018No. 529

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018

Made25thApril2018

Coming into force6thApril2019

The Secretary of State, in exercise of the powers conferred by section 23 of the Employment Relations Act 1999( 1), makes the following Order.

In accordance with section 42(2) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

Citation and commencement

1. This Order may be cited as the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 and comes into force on 6th April 2019.

Amendment to the Employment Rights Act 1996

2.—(1) The Employment Rights Act 1996( 2) is amended as follows.

(2) In section 8(1)( 3), for “An employee” substitute “A worker”.

(3) In section 9—

(a) for “the employee”, in each place it occurs, substitute “the worker”;

(b) in subsection (4), for “an employee” substitute “a worker”.

(4) In section 11( 4)

(a) for subsection (1) substitute—

“(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.”

(b) in subsection (2)—

(i) in paragraph (a), after “4” insert “has been given to an employee”;

(ii) in paragraph (a), for “section 8 or 9, has been given to an employee” substitute “section 8 or 9 has been given to a worker”;

(iii) in the words after paragraph (b), leave out “the employee” and insert “the person to whom the statement has been given”.

(5) In section 12( 5)

(a) in subsection (3), for “an employee” substitute “a worker”;

(b) in subsections (4) and (5), for “the employee”, in each place it occurs, substitute “the worker”.

Application

3. The amendments made by this Order do not apply in relation to wages or salary paid in respect of a period of work which commences before this Order comes into force.

25th April 2018

Andrew Griffiths

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

EXPLANATORY NOTE

(This note is not part of the Order)

This...

To continue reading

REQUEST YOUR TRIAL