No Written Statement - terms and conditions of employment

[G7ivp]

After 5 months of working for a company an employee still has nothing in writing.

When asked how his pay was calculated (payslip just shows "Gross Pay") he is told that it is "sensitive commercial information" and the employer refuses to say.

The gross pay is supposed to be made up of a basic plus 20% of each job done but the employee has no way of knowing what each job is worth.

Is it legal to withhold this information? Is there any way it could be obtained? TIA.

[ULA]

Re: No Written Statement - terms and conditions of employment

Legally an employer must provide a "written statement of employment particulars" within 2 months of an employee joining a company. It is not an employment contract but should include the main particulars of the job and one of the pieces of information given is how much and how often the employee will be paid.

In the details of the how much the employee is going to be paid should be the basic salary together with details of any bonus/commission scheme payments. Bonus/commission payments are normally given to incentivise achievement of targets therefore it can be reasonably expected that the employer should provide these details to the employee otherwise how does someone know what they need to achieve and for what payment.

In regards to a payslip it must show

• pay before any deductions (gross wages). If it made up of 2 elements basic and bonus/commission they should be itemised individually
• deductions like tax and National Insurance
• pay after deductions (net wages)

They can also include information like NI number, tax code, rate of pay etc.