In Leedham v Royal Mail Group Ltd, the Employment Appeal Tribunal (EAT) considered whether providing employees with online-only payslips satisfied an employer's duty under section 8 of the Employment Rights Act 1996 to give workers an itemised pay statement.
Royal Mail had replaced paper payslips with a digital system, allowing employees to access their payslips through an app or web browser. The claimant argued that simply making payslips available electronically was not the same as "giving" them to employees.
The EAT rejected that argument. It held that the purpose of the legislation is to ensure employees can understand how their pay has been calculated and identify any deductions, rather than to prescribe a particular method of delivery. Electronic payslips are therefore capable of satisfying the statutory requirement, provided they are reasonably accessible.
The EAT emphasised that this will depend on the facts of each case. An electronic system is likely to be compliant where employees can access their payslips free of charge, the employer has clearly explained how to do so, and there are no significant technical or practical barriers. By...
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