Employment Practice

( Employer's duty to provide ) Key points An employee has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement (section 8, Employment Rights Act 1996). This right extends not only to employees who are paid in cash but also to those employees whose wages or salaries are paid by cheque or by credit transfer to their bank or building society accounts. Note  This right does not extend to merchant seaman or share fishermen, or to any employee who (under his contract of employment) ordinarily works outside Great Britain ( ibid. sections 196 and 199). Information to be included in the statement An itemised pay statement must include the following particulars: the gross amount of the wages or salary payable to the employee on that occasion; Note  Curiously, an itemised pay statement need not show how the employ...

§   As a general rule (there are exceptions) a worker's wages or salary are inviolate. This means that, in the absence of any statutory duty to make certain deductions from a worker's pay (eg, in respect of PAYE (income tax) and National Insurance contributions) or a relevant provision in the worker's contract of employment, an employer must not presume to deduct any other sum of money (for whatever purpose) without the written permission of the worker concerned or without the authority of a court order. Protection of wages §   Legislation regulating deductions from pay (and demands for payment) is to be found in Part II of the Employment Rights Act 1996, section 13 of which states ( inter alia ) that an employer must not deduct any sum from the wages or salary of any worker unless: a.      his (or her) right to make that deduction is clearly laid down in writing in the worker 's contract, or in the written statement of employment particulars necessarily ...

Key points From 6 April 2003, an employee who has been newly-matched with a child for adoption, or whose partner has been newly-matched with a child for adoption, or who is one of a couple who have been newly matched with a child for adoption (in each case, by an approved adoption agency), and who has been continuously employed by his or her employer for 26 weeks or more leading into the week in which notification of being matched occurred, has the right to take up to 26 weeks' ordinary adoption leave, followed immediately by up to 26 weeks' additional adoption leave. An employee with average earnings of £75 or more per week will qualify to be paid statutory adoption pay (SAP) during his or her ordinary adoption leave period. The relevant legislation is to be found in the Paternity & Adoption Leave Regulations 2002 which came into force on 8 December 2002. Note By definition, the right to adoption leave is not available to a step-father or mother who ...

Female employees are entitled to a range of rights before and after giving birth. Close attention to the rules is needed since breach could generate a claim for sex discrimination. Leave and Pay: Evidence A woman must produce form MATB1 to her employer. This form is available from the 20th week before her EWC (Expected Week of Childbirth). A woman wishing to exercise her entitlements must notify her employer in or by the 15th week before her EWC, giving the employer a copy of the MATB1 if the employer requires this. She must also state to her employer when she wishes her maternity leave (and her Maternity Pay - if she is eligible) to commence. She must give 28 days notice of the leave/pay start date. Within a further 28 days her employer must confirm to her, in writing, her rights to: i. pay; ii. preservation of contract; and iii. return (see below). If the baby is born before the expiry of the woman's 28 day notice period the leave (and pay if applicable) commences at the date of ...