Cases2304344/2022

Claimant v Brighton & Hove LGBT Switchboard

21 March 2025Before Employment Judge AbbottLondon Southin person

Outcome

Claimant succeeds£150

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent failed to provide itemised pay statements at or before the time wages were paid for the period January to September 2022. The respondent consistently provided pay statements 4-5 days after payment was made, breaching section 8 of the Employment Rights Act 1996.

Facts

Mx Collins worked for Brighton & Hove LGBT Switchboard and brought a claim under section 11 of the Employment Rights Act 1996 for failure to provide itemised pay statements. The respondent consistently provided pay statements 4-5 days after making payment of wages throughout the period January to September 2022, with payments made on the 20th-22nd of each month and statements provided on the 25th.

Decision

The tribunal declared that the respondent failed to comply with section 8 of the ERA 1996 by not providing itemised pay statements at or before the time wages were paid. Under section 12(4), the respondent was ordered to pay the claimant £150 for these breaches across nine months.

Practical note

Employers must provide itemised pay statements at or before payment is made, not several days later, and failure to do so entitles employees to a statutory award even where wages themselves are properly paid.

Award breakdown

Legal authorities cited

Statutes

Employment Rights Act 1996 s.8Employment Rights Act 1996 s.11Employment Rights Act 1996 s.12(3)Employment Rights Act 1996 s.12(4)

Case details

Case number
2304344/2022
Decision date
21 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
charity
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No