Claimant v Laundry Scotland Ltd — 2019

The claimant worked for the respondent as a delivery driver from 13 June 2018 until 27 June 2018. He was paid in cash on 22 June 2018 and again on 29 June 2018. The tribunal found that on neither occasion was he given any itemised pay statement before or at the time of payment, so the respondent failed to comply with section 8 of the Employment Rights Act 1996.

The claimant later received itemised pay statements at the end of January 2019. The tribunal found that those later statements contained the gross and net amounts and deductions required by section 8, and that there was no requirement for an employee number. The claimant also objected to the address shown and to National Insurance entries on the statements, but the tribunal said it had no power under section 11(3) to determine the accuracy of the figures shown, and no power under section 12 to order payment to HMRC.

The tribunal therefore made a declaration that the respondent failed to provide the claimant with an itemised pay statement as required by section 8 ERA 1996 when it paid him on 22 and 29 June 2018. The claim did not result in any monetary award. The tribunal also noted that the claimant raised a possible wage deduction issue at the hearing, but no amendment was made and that matter was not determined.