Your Right to a Payslip and What to Check on It
Summary
Everyone classed as an employee or worker has a legal right to an itemised payslip on or before payday. This article explains what your payslip must show under the Employment Rights Act 1996, including hours worked where your pay varies, and how to check it for common errors in social care pay.
- Employment Rights Act 1996, section 8 (itemised pay statements)
- Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018
- National Minimum Wage Act 1998
- Employment Rights Act 1996, section 13 (unlawful deductions from wages)
Your legal right to a payslip
If you are an employee or a worker, you have the right to a written, itemised payslip on or before every payday. This right comes from section 8 of the Employment Rights Act 1996. Since 6 April 2019, the right covers workers as well as employees, so it includes most agency staff, bank staff and casual care workers.
Your payslip can be on paper or electronic (for example, through a payroll portal), but your employer must give you a way to see it by payday.
What your payslip must show
By law, every payslip must show:
- your gross pay (pay before any deductions)
- the amounts of any variable deductions, such as income tax and National Insurance, and what they are for
- the amounts of any fixed deductions, such as union subscriptions, and what they are for (or a separate standing statement of fixed deductions)
- your net pay (take-home pay)
- where different parts of your net pay are paid in different ways, the amount and method of each part
Since 6 April 2019, if your pay varies depending on how much time you have worked, your payslip must also show the number of hours you are being paid for. This can be shown as a single total or broken down by rate, for example day hours, night hours and sleep-in shifts. This matters a great deal in social care, where many staff are paid hourly and work variable rotas.
What to check every payday
1. Hours and rates
Check the hours on your payslip against your rota, timesheets or the shifts you actually worked, including any extra shifts, overtime and handover time you were required to work. Check each rate of pay matches your contract, and check enhancements for nights, weekends or bank holidays if your contract provides them.
2. National Minimum Wage
Divide your total pay for the pay period by the hours you worked. Your average must not fall below the current National Minimum Wage or National Living Wage rate for your age. Watch out for things that can quietly pull care workers below the minimum wage, such as unpaid travel time between home care visits, unpaid training, or deductions for uniforms and DBS checks. Deductions for items connected with your job can reduce your pay for minimum wage purposes even if you agreed to them.
3. Tax code and National Insurance
Check the tax code shown on your payslip. If it looks wrong, or ends in W1, M1 or X, you may be on an emergency code and paying too much tax. You can check your code through your personal tax account.
4. Deductions
Under section 13 of the Employment Rights Act 1996, your employer can normally only make deductions that are required by law (tax, National Insurance, court orders), allowed by your contract, or that you have agreed to in writing before the deduction is made. Query anything you do not recognise, such as charges for training, DBS checks, uniforms or alleged overpayments.
5. Pension
If you are enrolled in a workplace pension, check that both your contribution and any employer contribution appear and look consistent from month to month.
6. Holiday pay
If you are paid for annual leave, check that holiday pay reflects your normal pay, including regular overtime and enhancements where these are a settled part of your earnings.
If something is wrong or you get no payslip
- Keep evidence. Save your rotas, timesheets, shift confirmations and payslips.
- Raise it early. Ask your manager or payroll team to explain or correct the error in writing. Most payslip problems are genuine mistakes and are fixed quickly.
- Put it in writing. If it is not resolved, raise a formal grievance following your employer's procedure.
- Enforce your rights. If your employer does not give you a payslip, or the payslip does not show what the law requires, you can ask an employment tribunal for a declaration. Unlawful deductions and underpayment of wages can also be claimed in a tribunal, and strict time limits apply, usually three months less one day from the deduction. See gov.uk guidance on employment tribunals.
You can read the government's plain-English overview of payslip rights at gov.uk/payslips.
Where to get help
- Acas helpline on 0300 123 1100 for free, confidential advice on pay and payslip rights, or visit acas.org.uk.
- HMRC if you think you are being paid below the minimum wage: complain about National Minimum Wage underpayment. You can complain confidentially, even about a previous employer.
- Your trade union, if you are a member, can check your payslips and raise issues on your behalf.
- Citizens Advice for free help understanding deductions and pursuing unpaid wages.
Guidance, not advice. This article is general information based on the position at the last update date. It is not legal advice — for your specific circumstances speak to ACAS, your union, your regulator or a solicitor as appropriate.