Section 12 Determination of references.C1

Where, on a reference under section 11(1), an F1employment tribunal determines particulars as being those which ought to have been included or referred to in a statement given under section 1 or 4, the employer shall be deemed to have given to the F2worker a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal.

On determining a reference under section 11(2) relating to a statement purporting to be a statement under section 1 or 4, an employment tribunal may—

as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the F3worker in accordance with the decision of the tribunal.

Where on a reference under section 11 an employment tribunal finds—

the tribunal shall make a declaration to that effect.

Where on a reference in the case of which subsection (3) applies the tribunal further finds that any unnotified deductions have been made from the pay of F5the worker during the period of thirteen weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the contract of employment), the tribunal may order the employer to pay the worker a sum not exceeding the aggregate of the unnotified deductions so made.

For the purposes of subsection (4) a deduction is an unnotified deduction if it is made without the employer giving F6the worker, in any pay statement or standing statement of fixed deductions, the particulars of the deduction required by section 8 or 9.