rights to an itemised pay statement
Your Equal Pay rights
Your rights to Sick Pay, including Statutory
Sick Pay (SSP)
Your right not to have unfair deductions from
your wages (Wages Act)
The right to pay if you are laid off or put on
short time working
Your rights under the Minimum Wage laws
Information on Maternity Pay, go to Your
Family Rights section
information on Holiday Pay go to Your
other rights section
information on Redundancy Pay go to Your
Dismissal Rights section
section aims to cover all the issues that arise in connection
with your pay.
Itemised Pay Statement
employee, regardless of their length of service, has the right
to an itemised pay statement. This statement has to be given
to you at, or before, the time at which you are normally paid.
pay statement must be in writing and is required by law to
contain the following information:-
- Gross earnings.
- Net pay.
- Fixed and variable deductions from your gross pay.
- Where different parts of the net amount are paid in different
ways, details must be provided of each amount and a way
in which each part is paid.
- How holiday pay is calculated if this is included as part
of your wages
your employer fails to comply with these obligations, you
can refer the matter to an employment tribunal.
is possible for employers to issue a standing statement covering
the fixed deductions from pay. Where this is the case, employers
must re-issue this statement at least every 12 months.
are strict rules governing the deductions that can be made
from your pay by your employer. For further information on
this see the section "Deductions from Wages" below.
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Equal Pay Act 1970
should pay men and women on the same basic terms, providing
the work they do is broadly similar, or rated as equivalent
(under a job evaluation scheme, for example). You
do not have to be doing the same job as the person you are
Pay laws are an extension of Sex Discrimination in a way.
You can only use the Equal Pay Act when your pay is below
that of someone of the opposite sex. You cannot use this law
if you are unhappy with your pay when compared to someone
of the same sex. This would have to be taken up with your
Employer as a grievance.
of people can use the Equal Pay laws, where one group is mainly
men and the other group is mainly women. So, for example,
hospital porters (usually male) could be used by nurses (mainly
female) as a comparison on pay rates.
April 2003 you can request that your Employer completes an
Equal Pay Questionnaire. This new right will help you to obtain
information on pay rates from your Employer - information
that some Employers will be reluctant to disclose to an individual.
For help with this contact our Advice
there are pay differences, these may not be due to sex - there
may be a bonus for length of service, or performance-related
pay which explain differentials. In other words your Employer
may be able to defend the pay difference by stating that it
has nothing to do with the sex of the workers involved. Start
by talking to your Employer or your Representative. If you
need further help contact the Equal Opportunities Commission
or our Advice Line
Equal Pay Act basically requires employers to pay men and
women on the same terms where a woman can claim equal pay
as a man (or vice versa) in the following situations:
- The woman is employed on similar work with a man in the
same employment; or
- Where the woman is employed on work that is rated as equivalent
with that of a man in the same employment; or
- Where the work is classed as being of equal value.
Act defines "similar work" as situations where the woman's
work is of the same or of broadly similar nature to that of
a man. The man must be employed by the same company or at
the same establishment by an associated employer. The comparable
man could also be employed at another establishment where
common terms and conditions apply within the same employer.
This is more likely to succeed where the terms of employment
of both employees are agreed by the same body - a Joint Negotiating
Committee (JNC) or similar
employers have jobs that are similar, or rated as equivalent
under a job evaluation scheme, any differences in pay between
men and women must be justified by your employer. If the difference
in pay is down to a reason not contacted with gender, then
there is a possible defence.
Act covers all workers. It does not matter how long you have
been employed, or whether you work on a part time - even a
casual basis or through an Agency.
can be made to an Employment Tribunal and an award can be
made equal to the difference in pay between the claimant and
the person she is comparing herself with. Equal pay cases
are often complicated and you should seek professional advice
before starting a claim.
April 2003 you can ask your Employer to provide information
on pay rates through an Equal Pay questionnaire.
Pay claims can be difficult to resolve. You have 6
months to take up an equal pay complaint to Tribunal,
unlike most other claims which have to made within 3 months.
you need further help Contact our Advice
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The Right to Statutory
employer is not obliged to provide you with
a sick pay scheme. There is no legislation which requires
any employer to pay you Company sick pay.
Your Employer is required to provide you with a statement of your employment terms, which includes details of sick pay from the firm. For information about any company sick pay scheme, refer to
your contract or company handbook, or talk to a Representative.
you are excluded from your Company sick pay scheme for any
reason, perhaps because you are part-time, over 65 or on a fixed term
contract, you may complain as this is a form of discrimination.
If you need further help Contact our Advice
you could well be entitled to Statutory Sick Pay (SSP). This
is a legal requirement. If you qualify for SSP, your employer
must pay you (on behalf of the State effectively).Some Employers
can recover their SSP payments from the State.
is paid if you qualify in accordance with set national guidelines.
From April 2008 the SSP rate is £75.40 per week.
employers are liable to pay SSP to all eligible employees
who are absent for 4 days or more up to a maximum of 28 weeks
in one period of interruption of work. These regulations,
originally introduced in 1982, have been amended many times.
provides a scheme which gives qualifying employees sick pay
on days when they are incapable by reason of sickness or injury
of carrying out their normal contractual duties.
for SSP - are you entitled?
covers all employees who are aged over 16. It used to end at 65, but not now age discrimination rules have changed.You need to
earn sufficient to pay Class I National Insurance contributions.
This is often called the Lower Earnings Limit (LEL) and this
figure goes up each April.
you are self employed, you do not qualify for SSP. You cannot
claim SSP if you were on strike before falling ill.
- There is no minimum service qualification, if you work part-time you may still be entitled to SSP, it depends on your earnings. From October 2002, employees on short term contracts can get SSP. Previously if your contract was for less than 3 months you were excluded.Due to a court ruling this does not currently apply to Agency staff on assignments of less than 3 months though.
- From 1 October 2006 you can claim SSP if you have continued to work beyond the age of 65. Prior to this date if you were 65 you were excluded from SSP.
- You are not entitled to SSP for the first 3 days of sickness
absence - these are called "waiting days".
- However if you
have had a period of sickness in the last 8 weeks (56 days),
this could well "link" with your current absence. If the
2 absences do link you will not have to wait 3 days on the
second occasion, as your original 3 waiting days still count.
- Employees whose average earnings are below the point at
which National Insurance is payable are also excluded
- Employees who have recently drawn a state benefit may
well be excluded. You will also be excluded once you have
started to claim any Maternity Pay or Maternity Allowance.
- Statutory sick pay lasts for a maximum of 28 weeks in
any one single period. In order to qualify, you must be
absent from work for reasons of sickness or injury for 4
- Employers are required by law to maintain their records
of SSP payments for at least 3 years after the end of the
tax year they were paid in.
- Some employers are eligible to reclaim these payments.
- If you are off work for more than 28 weeks in one spell,
your entitlement to SSP will end. You may be entitled to
claim Incapacity benefit - contact the DSS for further advice
you think you have been dismissed because your employer wants
to avoid responsibility for paying SSP, this could be an unfair
dismissal. Claims can be made to an employment tribunal and
you do not require 1 years service. If you need further help
Contact our Advice Line
you have a question about your SSP entitlement, talk to your
employer or seek advice from the DSS.
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the Payment of Wages (Unfair Deductions)
employer has no automatic right to make unauthorised deductions
from your pay - even if you have been overpaid. Some deductions,
such as tax and national insurance, are classed as authorised
- your permission is not required! You should as a general
rule be paid any money you have earned.
if your Employer fails to make a payment that was expected
by you, for example a Christmas Bonus that you have had for
a number of years, this could also be classed as an unfair
deduction. In other words it does not actually have to be
a deduction, just a failure to pay wages, commission or bonus,
that you think is due to you.
is fundamental to any employment relationship that the employee
carries out work for the employer and in return the employer
pays for that work. In order for you to be entitled to pay,
you must actually undertake your duties, or be ready and willing
to perform them. Your contract should tell you how much you
are due to be paid. In addition you are entitled to receive
a statement of your pay and basic terms, from your employer,
within 8 weeks of starting work.
are special provisions relating to wages which are aimed at
ensuring that employers do not withhold or make deductions
from wages without authorisation. Legally, an employer is
not permitted to make any deduction from your wage or salary
unless it satisfies one of the following conditions:-
- The deduction itself is authorised or even required by
Statute, for example, the deduction of National Insurance
Contributions, a Court Order or tax via the PAYE system.
If you think this amount is not correct, contact your local
Inland Revenue office.
- The deduction is authorised to be made by any relevant
provision in your employment contract. In other words, you
have accepted that this deduction can be made, because it
is in your contract of employment.
- You have given permission to your employer to make a deduction
for a specific matter, perhaps union subscriptions, training
costs, relocation costs or social club membership.
- Wages are fairly broadly defined. This will include any
sums payable to you in connection with your employment,
this would include basic wages or salary, bonuses, commission,
holiday pay, Statutory Sick Pay, Statutory Maternity Pay
are some general exceptions and these are as follows:-
- Any overpayment of wages. Your employer has no automatic
right to claw back an overpayment of wages, but the contract
may allow this.
- Deductions in connection with statutory disciplinary proceedings,
if this is covered in the contract of employment.
- Any statutory obligations to pay specified monies to a
statutory authority (as mentioned above, tax and National
- Any contractual agreements to pay over amounts to a third
party (for example, union subscription deductions).
- Certain jobs, which involve handling cash, (such as shop
work) allow the Employer to make deductions for cash shortages.
The maximum deduction allowed from your pay packet is 10%
of your wages on each pay day. This 10% is from your gross
pay, that is before tax and national insurance
is deducted - refer to your employment terms for more detail.
by the worker in a strike or other industrial action
- if you take part in a strike, or a work to rule for example,
your employer can deduct pay without your
you believe that your employer has made an unlawful deduction,
or failed to pay you an amount you are due,
you can bring a complaint to a Tribunal. If you need further
help Contact our Advice Line.
should note that the term "deduction" has been given a wide
interpretation by the Courts and can include the non-payment
of pay, the non-payment of a pay rise, shift payments or other
cash additions to which the employee feels entitled. If your
employer has, without notice or agreement, stopped paying
you a bonus or shift allowance - this can still be classed
as a "deduction" from your wage. It may even cover a pay rise
you feel entitled to. If you think this has happened to you,
contact our helpline for further advice.
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Rights to Guaranteed
Pay (if laid off or put on short term working)
payments were introduced in 1975 and the provisions remain
although now part of the Employment Rights Act. The aim is
to compensate you if your employer sends you home because
there is no work to do, or not enough work available. At
present, the amount is £19.40 per day (from Feb 2007).
need to have at least one month's service in order to qualify
for a guaranteed payment. These payments fall due when you
would normally expect to work but no work is provided by your
employer. These payments should be made by the employer for
any whole day or days in which work is not
available due to a number of reasons. If you do any work on
a given day, a guaranteed payment is not payable. You must
not refuse to do reasonable alternative work offered
by your employer.
should be made to you in the following circumstances:-
- Where there is a reduction in the requirements of the
employer's business for work of the kind which the employee
is employed to do e.g., a temporary loss of orders; or
- The normal working of the employer's business in relation
to work of that kind is affected by any other occurrence
- for example, you are laid off due to a fuel crisis.
you are "laid off" as a result of these issues you should
check your Contract of employment to see if there is any mention
of lay off pay in these circumstances. If there is
nothing in your Contract you should really be paid your normal
wage - in other words your Employer needs the right in the
contract to lay you off with less than full pay.
there is a right in the contract to lay you
off, the least you are entitled to receive is a Statutory
payment per day for up to five working days in any rolling
three month period.
This amount is reviewed in line with movements in the retail
price index, and increased each February. You will not be
paid if the lay off is due to a strike or some other action.
I claim that I am Redundant?
are circumstances when you can consider claiming that your
job is redundant. This occurs when your Employer is laying
you off on a fairly regular basis.
you are laid off, or put on "short time" working,
for a period of 4 consecutive weeks you can ask your Employer
about your redundancy pay options - if you wish. This also
applies if you are laid off for 6 weeks, or more, in any 13
week period. Take advice before deciding your options.
a company has contractual lay off pay agreed with its workforce,
they may be exempt from these requirements, because the union
may have negotiated better terms. The details will be contained
in a collective agreement. Talk to your union representative
or if you need further help or Contact our Advice
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The Right to a Minimum
. In 1998, the National Minimum Wage Act came into force.
The Act applies to all workers, a wider definition than employees
and therefore provides coverage for agency workers, home workers
and casual workers in fact most people who are not self-employed.
- The National Minimum Wage adult rate rose to £5.73 an hour from
- Workers aged 18 to 21 are entitled to a rate of £4.77
per hour .
- The National Minimum Wage applies to workers aged 16/17. You are now entitled to £3.53 per hour, but Apprenticeships are partially excluded, see below for more on this.
- For workers aged 22 and over, there is a trainee rate
of £4.77 per hour. This can apply for up to 6 months subject
to compliance with certain conditions.
are excluded if the employee is aged under 26 and
is in the first year of the apprenticeship, but check your
Apprenticeship contract to see if there is reference to
- The minimum wage applies to gross earnings and is calculated
before tax, National Insurance and other statutory deductions.
- If you are "on call", even if at home, this
could qualify for the Minimum wage for
each hour, if you have to stay available for work at all
- A night watchman qualified for the Minimum Wage for all
hours he worked on a night shift even though he was allowed
to sleep for long periods! This is because he was at his
normal place of work, could not leave, and had to respond
to any alarms that went off. This is all working time.
- Your employer is entitled to take into consideration any accommodation they provide for you. This amount is restricted by the regulations.There is a limit on the amount that an employer providing accommodation can count towards your minimum wage pay. The accommodation offset is calculated at a daily rate for each day that your employer makes the accommodation available.This means that the most your employer can stop from your wage is £31.22 per week for your accommodation. No deduction should be made on top of this for any meals provided by your employer or for things like electicity or gas.
- People working and living as part of a family, for example
and an au pair are exempt from the minimum wage rules.
- You are entitled to the Minimum Wage if you work from
home and you are paid piece work for the items you produce.
See the information on Homeworkers in the "Your Other
Rights" section of this site.
- Employers must keep records of pay and hours worked for
all workers for at least three years.
- You can complain to a Tribunal if you are not satisfied
by an employer's explanation of your rate of pay.
- Tips paid in cash to you by a customer
should not be included in calculating your
wage. Tips paid on credit cards to your Employer may be
included in your wage, but talk to your Employer or look
at your contract to see if this is clear.
- Since 2003, you can claim the Minimum Wage from
a previous employer! If
you find out that you were not getting the minimum wage
from a previous employer contact our advice line.
you need further help Contact our
can also contact your local Inland Revenue office as it is
their role to enforce the Minimum Wage.
Trainees on Government Funded Schemes (eg New Deal); students
on work placements; armed forces; prisoners and voluntary
workers are all excluded from the minimum wage entitlement.
you feel that your employer is not paying you the minimum
wage, you can ask your employer for a copy of your pay records.
Your employer has 14 days to produce your records for you.
You can apply to Tribunal if you have not been receiving the
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