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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 8123
Experience:  Expert in UK Employment Law
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As an employee are you intitled to a record for overtime in

Customer Question

As an employee are you intitled to a record for overtime in the form of time sheets clocking in card etc, the company i work for are refusing to give us time sheets or any clear records of over time worked. Also any repayment owed to my self as been payed back in over time and not clearly defined on my wage slip , is this the correct process or should it be put down and shown clearly as an adjustment on my wage slips, One other question is how come my wage slips, some times only state 1 unit for over time instead of the actuall hours worked ? Are all these anomalies against the employment laws. Kind Rgards and thank you sincerely XXXXX XXXXX the time and effort for reading these questions, Tony.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

The law on pay slips is governed by sections 8-10 of the Employment Rights Act 1996:

http://www.legislation.gov.uk/ukpga/1996/18/part/I/crossheading/right-to-itemised-pay-statement

You will see that the law requires the pay statement to contain details of the following:

(a) the gross amount of the wages or salary,

(b) the amounts of any variable, and any fixed deductions from that gross amount and the purposes for which they are made,

(c) the net amount of wages or salary payable, and

(d) where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment.

The law is mainly concerned with detailing deductions to the wages, rather than additions such as overtime so there is no specific law that says it must be clearly defined, as long as the above requirements have been met.

You can try and request any formal records of overtime by arguing that they amount to personal data under the Data Protection Act and that you should be entitled to receive a copy if requested.

Customer :

I have requested these through the I.CO and have even been refused a copy of my wage slips. The company in question state that the copies of wage slips are not held electrically on the sage payroll system, I believe this is perverting the course of justice, and if the inland revenue wanted to view all time records, wage slips etc the companies reply and refusal would be deemed very suspicious and amount to some sort of tax evasion quiery. So therefore I believe I am being fobbed off with bull shit.

Ben Jones :

The ICO will not get involved with this, the request needs to be made direct to the employer. It is not necessary for these to be retained electronically, all that is required is that the data in question is recorded as part of a relevant filing system

Customer :

they are saying it is in a relevant filing system but when ive requested it they say its not easily accessible ???

Ben Jones :

That would be irrelevant, the requirement of something being easily accessible was if the data did not form part of a relevant filing system. As the ICO says "Accessible records were included in the definition of “data” because pre-existing access rights to information were not restricted to automatically processed records, or records held in non-automated systems falling within the definition of “relevant filing systems”

Ben Jones :

Has this answered your query?

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