Section 9 Standing statement of fixed deductions.

England, Wales and Scotland

(1)

A pay statement given in accordance with section 8 need not contain separate particulars of a fixed deduction if—

(a)

it contains instead an aggregate amount of fixed deductions, including that deduction, and

(b)

the employer has given to F1the worker, at or before the time at which the pay statement is given, a standing statement of fixed deductions which satisfies subsection (2).

(2)

A standing statement of fixed deductions satisfies this subsection if—

(a)

it is in writing,

(b)

it contains, in relation to each deduction comprised in the aggregate amount of deductions, particulars of—

(i)

the amount of the deduction,

(ii)

the intervals at which the deduction is to be made, and

(iii)

the purpose for which it is made, and

(c)

it is (in accordance with subsection (5)) effective at the date on which the pay statement is given.

(3)

A standing statement of fixed deductions may be amended, whether by—

(a)

addition of a new deduction,

(b)

a change in the particulars, or

(c)

cancellation of an existing deduction,

by notice in writing, containing particulars of the amendment, given by the employer to the worker.

(4)

An employer who has given to F2a worker a standing statement of fixed deductions shall—

(a)

within the period of twelve months beginning with the date on which the first standing statement was given, and

(b)

at intervals of not more than twelve months afterwards,

re-issue it in a consolidated form incorporating any amendments notified in accordance with subsection (3).

(5)

For the purposes of subsection (2)(c) a standing statement of fixed deductions—

(a)

becomes effective on the date on which it is given to the worker, and

(b)

ceases to be effective at the end of the period of twelve months beginning with that date or, where it is re-issued in accordance with subsection (4), with the end of the period of twelve months beginning with the date of the last re-issue.

Annotations

Textual amendments

F1: Words in s. 9 substituted (6.4.2019) by The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(3)(a) (with art. 3)
F2: Words in s. 9(4) substituted (6.4.2019) by The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 (S.I. 2018/529), arts. 1, 2(3)(b) (with art. 3)

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)