Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Is it lawful for an employer only to provide payslips electronically to employees?
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 “
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