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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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an incorrect payslip

Customer Question

Hello, My employer has provided me with an incorrect payslip, they made a deduction to my contractual basic salary due to unpaid sick leave and the deduction is not on my payslip, meaning that my payslip show a gross and basic salary different to my contractual one, as they used the deducted salary as my gross and basic salary. They refused to amend my payslip and all they agreed to do is to re-print the payslip with a note saying that there was a deduction due to unpaid sick leave and teh amount, but they still refuse to include my contrac basic salary. How can I pursue this matter outside my company? Thanks in advance for your help.

I ca provide with emails from the HR department explaining why they refuse to amend my payslip and copies of payslips showing the note they decided to include.

Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

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

Ben Jones :

How long have you worked there for?

JACUSTOMER-kvr4m0vj- :

since june 12th 2013

JACUSTOMER-kvr4m0vj- :

Hello Ben.

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

JACUSTOMER-kvr4m0vj- :

Many thanks, Ben.

Ben Jones :

Many thanks for your patience and sorry for the slight delay, I was called into a tribunal earlier. Whilst an employer has a duty to provide you with a pay slip at or before the time you get paid, which must contain 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.

If an employer fails to provide such a statement, provides an inaccurate or incomplete statement, an employee may make a complaint to an employment tribunal. All the tribunal can do is make a declaration either confirming the particulars as they stand, amending them or substituting others as it thinks appropriate.

Whilst you can take this to the tribunal, you will be responsible for their fees which can be several hundred pounds. So if you just want to pursue this as a matter of principle then it may be somewhat pointless as you will be starting a formal claim, for which you have to pay, just to get a declaration from the tribunal as to what should be in that statement. Instead you may wish to pursue this internally, such as by raising a formal grievance with the employer.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

JACUSTOMER-kvr4m0vj- :

Ben,

JACUSTOMER-kvr4m0vj- :

I need further clarification, but I will not be able to expalin further until this afternoon. Please, bear with me and I will get back to you later this afternoon.

JACUSTOMER-kvr4m0vj- :

Many thanks

Ben Jones :

No problem, thanks

JACUSTOMER-kvr4m0vj- :

Dear Ben,

What you quoted in your reply comes from the Employment Rights Act 1996, and in my emailing to/from the company, I quoted the very same paragraph and also mentioned to my employer the Employment Rights Act 1996, and requested the payroll manager to kindly amend my payslip to the current legislation, which they repeatedly chose not to, as an act of goodwill on their behalf, that is how they called it, they included a note mentioning a deduction and the reason without the appropriate detail breakdown, and again the contractual gross salary was not mentioned, which now makes my payslip totally senseless as the keep referring to the already deducted gross salary.

Legislation must be complied to, and the mechanisms to in-force it must be available for both employers and employees, therefore, I do not wish to deal with Advisory, Conciliation, Arbitrary or any other mechanisms than those that allow me report breaches of the law and rule according to the legislation, meaning that I do not wish the outcome to be a recommendation, advisory, guideline letter but a legally binding and enforceable action.

I feel that my initial question to you still remains unanswered, what I really wish to know is as follow:

  1. Where in the UK I can report the legal breach of The Employment Rights Act 1996 in the conditions I have just explained above, if not;
  2. Where in the EU I can report it

I really hope the above further clarifies to you my inquire.

Kind regards,

Ana

Ben Jones :

Hi Ana, the enforcement options you have for a breach of this specific clause of the ERA can be found in sections 11 and 12 of the same Act:

http://www.legislation.gov.uk/ukpga/1996/18/part/I/crossheading/enforcement

You can only report this to an Employment Tribunal and as mentioned in my initial response all the tribunal can do is to issue a declaration to clarify your position in terms of the incorrectly issued pay slip. You cannot get compensation from the tribunal as you have not suffered any losses so all you are after is a confirmation from the tribunal to set the record straight. This is not a matter you can take to any ERU legal bodies and the UK Tribunal is the sole venue you can pursue this further in.

Hope this clarifies your position?

JACUSTOMER-kvr4m0vj- :

Ben,

JACUSTOMER-kvr4m0vj- :

Many thanks for the response, I do not agree with that I have not suffered any losses, the fact that I am talking with you on this is a loss to me, and the fact that I will have to explain in a financial review why my gross salary has changed with no proof of evidence of it is another loss, and the very fact again that I will have to pay for reporting this to the employment tribunal is another loss.

Ben Jones :

I am afraid these are not really losses you can claim for - especially the explaining of your situation, this is not a financial loss. Also the tribunal costs could be reimbursed by the employer but that is at the tribunal's discretion - I am afraid in litigation sometimes each party has to meet its own costs and that is just the nature of the judicial system

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