National Minimum Wage Act 2000

Employee entitled to statement of average hourly rate of pay for pay reference period.

23

23.—(1) Subject to subsection (2), an employee may request from his or her employer a written statement of the employee’s average hourly rate of pay for any pay reference period (other than the employee’s current pay reference period) falling within the 12 month period immediately preceding the request.

(2) An employee shall not make a request under subsection (1) in respect of any pay reference period during which the hourly rate of pay of the employee was on average not less than 150 per cent calculated in accordance with section 20 , or such other percentage as may be prescribed, of the national minimum hourly rate of pay or where the request would be frivolous or vexatious.

(3) A request under subsection (1) shall be in writing and identify the pay reference period or periods to which it relates.

(4) The employer shall, within 4 weeks after receiving the employee’s request, give to the employee a statement in writing setting out in relation to the pay reference period or periods—

( a) details of reckonable pay components (including the value of all forms of remuneration) paid or allowed to the employee in accordance with Part 1 of F25 [ Schedule 1 ] ,

( b) the working hours of the employee calculated in accordance with section 8 ,

( c) the average hourly pay (including the value of forms of remuneration other than cash payments) actually paid or allowed to the employee, as determined in accordance with section 20 , and

( d) the minimum hourly rate of pay to which the employee is entitled in accordance with this Act.

(5) A statement under subsection (4) shall be signed and dated by or on behalf of the employer and a copy shall be kept by the employer for a period of 15 months beginning on the date on which the statement was given to the employee.

(6) An employer who, without reasonable excuse, fails to comply with this section or a request under this section, or who provides false or misleading information to an employee in a statement under subsection (4) knowing it to be false or misleading, shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £1,500.

Annotations:

Amendments:

F25

Substituted (15.07.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 10(c), commenced on enactment.

Editorial Notes:

E32

Fixed payment amount of €1,500 and form of fixed payment notice prescribed in relation to offence under section prescribed for purposes of Workplace Relations Act 2015 (16/2015), s. 36(1)(b) (1.10.2015) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015), regs. 3 and 4(3) and schedule.

E33

Provision made for fixed payment notice for offence under section (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 36, S.I. No. 410 of 2015.