Q&As

With the current situation regarding coronavirus (Covid-19), how can employers who usually provide itemised pay statements in person (eg with no online portal) meet their section 8 Employment Rights Act 1996 obligations to provide pay statements to employees on or before pay day in the event that their work is shut down or staff are required to work from home?

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Published on LexisPSL on 24/03/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • With the current situation regarding coronavirus (Covid-19), how can employers who usually provide itemised pay statements in person (eg with no online portal) meet their section 8 Employment Rights Act 1996 obligations to provide pay statements to employees on or before pay day in the event that their work is shut down or staff are required to work from home?

With the current situation regarding coronavirus (Covid-19), how can employers who usually provide itemised pay statements in person (eg with no online portal) meet their section 8 Employment Rights Act 1996 obligations to provide pay statements to employees on or before pay day in the event that their work is shut down or staff are required to work from home?

The right under section 8(1) of the Employment Rights Act 1996 (ERA 1996), is for the worker (or, in relation to wages or salary paid in respect of a period of work beginning before 6 April 2019, the employee) to be given a written itemised pay statement at or before the time any wages or salary are paid to them. See Practice Note: Pay statements and records and section titled: Itemised pay statements.

For information on the remaining uncertainty about whether providing online payslips complies with ERA 1006, s 8(1), see Practice Note: Pay statements and records and section titled: Online payslips.

Where payslips are usually delivered by hand at the place of work, staff are working from home, and there is no provision for them to be provided online (see Practice Note: Pay statements and records and section titled: Online payslips), it may be possible for payslips to be sent by email or by post.

As a payslip will comprise personal data, the employer will need to consider its

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