From 6 April 2019, new government legislation will require employers to provide payslips to all workers, as well as provide itemised payslips to those whose pay varies depending on the number of hours worked, including details and explanations of any deductions that may have been made.
The new law includes casual and zero-hour contract staff as well as permanent employees.
Payslips can be provided in written, printed or electronic format and in simple terms the rules are these:
Itemised pay statements are required for workers who:
- Are salaried but work occasional overtime
- Are paid by the hour
- Are paid by the hour with additional pay for unsociable hours
- Are paid by the hour and receiving statutory sick pay
- Are paid a daily rate
Payslips, but not itemised pay statements are required for workers who:
- Are salaried but do not work overtime
- Are term-time workers
- Are salaried workers and take unpaid leave
Failure to adopt the new system could prove costly. If a worker believes they have not received a payslip, or that the payslip they have received does not contain the required information, they will have the ability to enforce this right at an Employment Tribunal. If this happens, the employer could be ordered to repay any undisclosed deductions made in the thirteen weeks prior to the claim being brought, even if such deductions were legitimate.
For advice on how the new payslip legislation applies to your business, and to ensure you are compliant, contact BHETA HR on 01244 687200 or email BHETA@elliswhittam.com.
Source: BHETA, April 2019