The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018

Made: 7th February 2018

Laid before Parliament: 8th February 2018

Coming into force: 6th April 2019

The Secretary of State, in exercise of the powers conferred by sections 10 and 236(5) of the Employment Rights Act 1996[^f00001], makes the following Order.

Citation and commencement

1

This Order may be cited as the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018 and comes into force on 6th April 2019.

Amendment to the Employment Rights Act 1996

2

In section 8(2) of the Employment Rights Act 1996—

• (a) in paragraph (c), omit “and”;

• (b) at the end of paragraph (d) insert—

and (e) where the amount of wages or salary varies by reference to time worked, the total number of hours worked in respect of the variable amount of wages or salary either as— (i) a single aggregate figure, or (ii) separate figures for different types of work or different rates of pay.

Application

3

The amendments made by this Order do not apply in relation to wages or salary paid in respect of a period of work which commences before this Order comes into force.

Signed

Andrew Griffiths — Parliamentary Under Secretary of State — Department for Business, Energy and Industrial Strategy — 7th February 2018

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This instrument amends section 8 of the Employment Rights Act 1996 (c. 18) (“the 1996 Act”), adding to the list of particulars which must be included in the itemised pay statement which an employee has a right to be given. The amendment requires an itemised pay statement to also contain information regarding the number of hours worked by the employee for which they are being paid, but only in situations where the employee’s pay varies as a consequence of the time worked.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Labour Market Directorate, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET, and is annexed to the Explanatory Memorandum which is available alongside the instrument on .

Footnotes

[^f00001]: 1996 c. 18.