Claimant v Brighton, Hove and Sussex Sixth Form College
Outcome
Individual claims
The claimant claimed her itemised pay statements did not comply with s.8 Employment Rights Act 1996. The tribunal found the payslips clearly showed gross pay items, deductions, and net pay as required. While some details (like induction start date and the word 'gross') were not perfect, they met statutory requirements. The claimant had been paid everything owed and the payslips contained the required particulars.
Facts
The claimant was employed as an evening languages tutor on a fixed-term contract from October 2024 to June 2025. She resigned in November 2024 giving two months' notice citing personal reasons. The respondent found cover for her classes and released her early from her contract by mutual agreement on 22 November 2024. A dispute arose over classification of payments on her payslips, particularly whether notice pay should have been described as 'gardening leave' rather than 'payment in lieu of notice'. The claimant also disputed minor details like the induction start date.
Decision
The tribunal dismissed the claim, finding that the payslips complied with s.8 Employment Rights Act 1996. They clearly showed gross pay items, deductions, and net pay as required by statute. While some descriptions could have been clearer, the statutory requirements were met. The employment ended by mutual termination on 22 November 2024, not by gardening leave as claimed.
Practical note
Itemised pay statements need only contain the statutory particulars required by s.8 ERA 1996 (gross pay, deductions, net pay, hours) - they do not need to use specific terminology or include employment dates, and minor inaccuracies in dates that are not required fields do not render them non-compliant.
Legal authorities cited
Statutes
Case details
- Case number
- 6013197/2025
- Decision date
- 9 September 2025
- Hearing type
- full merits
- Hearing days
- 0.375
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- evening languages tutor
- Service
- 2 months
Claimant representation
- Represented
- No