Is it lawful for an employer only to provide payslips electronically to employees?
Posted in : First Tuesday Q&A NI on 6 August 2019 Issues covered:The law governing payslips is set out under Article 40 of the Employment Rights (Northern Ireland) Order 1996 (“ERO”) which, in short, requires employees to be given a written itemised pay statement.
In terms of the provision of electronic payslips, the above legislation raises two questions:
- Does an electronic payslip constitutes a 'written’ payslip; and
- If an electronic payslip is actually 'given' to the employee.
In Anakaa (Julius Ember) v Firstsource Solutions Limited [2014] NICA 57, the NI Court of Appeal held based on the current context of increased IT-based services, the requirement to provide a written itemised pay statement is complied with “if words are reproduced in a
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