Q&As

If there has been a breach of section 8 of the Employment Rights Act 1996 (ERA 1996), in that the employer has incorrectly labelled a deduction, could the employee bring claims under ERA 1996, s 8 and for constructive unfair dismissal? If an employer makes a deduction from wages to cover reimbursement of an overpayment of wages, reducing the employee's wages to zero, can this give rise to a claim under National Minimum Wage (NMW) legislation?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on: 27 July 2023
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Section 8(2)(c) of the Employment Rights Act 1996 (ERA 1996) gives workers the right to be provided by the employer, at the time of payment of wages or salary, a written itemised pay statement containing particulars of:

'...the amounts of any variable, and (subject to section 9) any fixed, deductions from that gross amount and the purposes for which they were made.'

The exception in ERA 1996, s 9 is that the employer can satisfy the requirement by the provision of a standing statement of fixed deductions.

1. Could the employee bring a claim under ERA 1996, s 8?

The above

Peter Edwards
Peter Edwards

Devereux Chambers

Peter Edwards is one of the few senior practitioners with a specialism and a thriving practice in both of the complimentary fields of employment law and personal injury. "Noted for cases at the intersection of personal injury and employment law" by Legal 500 2017, he has extensive experience of dealing with ' and cross-examining ' medical experts and is at a particular advantage when dealing with cases involving both areas of law (for example, stress-at-work/workplace injury cases in the High Court and Disability Discrimination claims in the ET and at Appellate-level). He is ranked in both major Directories in personal injury and employment: "He's excellent. If it's a difficult case he'll handle it with absolute aplomb." ' Chambers UK 2017. "He is able to give to provide accurate, focused and succinct advice." ' Legal 500. 'His attention to detail and ability to get to the crux of a case are second to none.' 'Decisive, down-to-earth and robust.' -Chambers UK 2018.

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