UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
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:
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.
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.
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
they are saying it is in a relevant filing system but when ive requested it they say its not easily accessible ???
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”
Has this answered your query?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).