Payslips - what's the law?

[14A]

Hello

could someone tell me the legal responsibility a business has regarding payslips? I thought they had to post them out, my current employer gives you them in person but I don't work at there offices, I'm owed about 7 payslips and even after requesting they post them, still havmt and I get told they will give them to one of the directors who will pass them on - I'm banging my head against a brick wall plus I don't want every tom dick or harry passingthem around.

Also, they owe alot of people pay slips, one guy went to depot to get his to be told they had lost some - conviently the ones he was most after to see if his holiday pay is right - legally what must the employer do in the event they loose them?

 

[Employment Law Clinic]

There's some information on Direct.gov, but it fails to address the all-important question: should you get pay slips & if so when!

The law on this is provided by s.8 of the Employment Rights Act 1996 (Itemised pay statement): "An employee has the right to be given, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement."

You can complain to an employment tribunal if you don't receive payslips, but that really is a sledgehammer to a nut. The payslips are around, and your employer simply needs to get organised and get them to you.

I'd recommend you start a grievance informally - a quiet chat - with whoever is responsible for these, and encourage them to get a better system in place. If that fails, you can put a formal grievance in writing, and quote the law to them, but it sounds like a simple organisational problem, best resolved informally.


Karl Limpert

 

[14A]

Thanks for the long reply.

I am going to their offices later today so will ask them again, do you know what to suggest if they claim to have lost them? I have not recieved 9 payslips on total.

 

[14A]

Going today instead.

When I rang and asked for them to get these 9 payslips ready theysaid they can only find 1. This is totally not acceptable and I am due to leave this company (maybe today) as my contract is up, what can I do to get these payslips?

 

[Employment Law Clinic]

what can I do to get these payslips?

As above - a grievance, and a complaint to an employment tribunal if you really consider it necessary.


Karl Limpert

 

[marusa]

Hello. I also have a problem to get my payslips from the employer. They even want me to pay fro the them. First they said they want 2.50 pounds and now they want 5 pounds. Can they charge me for payslips which i didnt even get?

 

[Scalloway]

They may think you should have got them and are charging for copies.

 

[Newchodge]

It is the employer's responsibility to make tour payslips available to you. They cannot charge for doing so. How are your payslips normally made available?

 

[Lawyer]

Surely they ciould scan their copy or photograph it on their phone and send it to you in about 2 seconds.
Also when you leave you shouldl get a P45 which will also give the information you need.
Finally it may be they are not paying the national insurance and tax to HMRC for you which they ought to. It may be possible for you to check the the tax office that the employer is paying the right tax and NI - you can also check your national insurance record on line if you hvae an HMRC account by the way. I was able to go back right tio 1983 to check my NI record recently on line in a few seconds.

 

[Newchodge]

Surely they ciould scan their copy or photograph it on their phone and send it to you in about 2 seconds.
Also when you leave you shouldl get a P45 which will also give the information you need.
Finally it may be they are not paying the national insurance and tax to HMRC for you which they ought to. It may be possible for you to check the the tax office that the employer is paying the right tax and NI - you can also check your national insurance record on line if you hvae an HMRC account by the way. I was able to go back right tio 1983 to check my NI record recently on line in a few seconds.

Well, no. They would not have a copy. They would have to rerun their payroll system in order to re-generate the payslip.

A P45 shows only the total paid throughout the current financial year. It does not show what the employee was paid every pay period and does not help the employee establish if they were paid what they were entitled to every pay period.

How do you suggest that the employee check with HMRC if the right tax and Ni has been paid over if they don't know, because they haven't got a payslip,. how much was deducted?

 

[Scalloway]

Whether the employer can supply a copy payslip depends on the system used. I always print a file copy of the payslips when I do the payroll. Sage payroll couldn't do copy payslips when I last used it but Moneysoft can.

 

[Newchodge]

Whether the employer can supply a copy payslip depends on the system used. I always print a file copy of the payslips when I do the payroll. Sage payroll couldn't do copy payslips when I last used it but Moneysoft can.

That's true, and I can always produce a copy of a payslip, using Moneysoft. But the payslip is produced for the employee. The employer does not need the information on the payslip, because they (should) have the information they need in a different format. But the more important point is how the employer supplies the employee with the payslip. If they have been supplied directly, then an employer could charge for supplying a replacement. If they have been left somewhere to be picked up and lost from there, or destroyed, then they have not yet been supplied and a charge cannot be made.