Witholding Payslips

[mummytocian]

can an employer withold your payslip?i work for a private healthcare group and a notice was put up in the staffroom saying if i didn't provide my passport details then I would not receive my payslip.I do not have a passport so where can I go from here?

[Sidewinder]

No they can't. It is a legal obligation to provide an itemised payslip, however there is no right for them to demand sight of a passport (unless you have agreed to do this by way of a contractual provision).

 

The company are entitled to ask for proof of eligibility to to work in the UK, but this does not have to be a passport, and the regulations allow for alternative proof to be permitted (for a UK National, normally a FULL Birth Certificate plus proof of name and NI number)

 

Suggest that you remind the employer they are legally obliged to provide a payslip, and ask that you be given time to provide the documents which demonstrate eligibility, but which won't be a Passport!

[Sidewinder]

Thread also moved to the employment forum

[mummytocian]

thank you for your quick reply.The company have all my documentation as I needed an enhanced crb check! just think they want to be difficult.

[Sidewinder]

I don't know about being difficult - on the face of it withholding payslips is precisely that - but on the point of making sure that they keep records on eligibility up to date, sadly that is precisely what they are required to do, for the consequences of not doing so were they to be caught employing somebody without the right to work would be immense and costly. Demonstrating that they make regular checks is ideal in demonstrating due diligence.

 

Not saying they are acting properly, as it is clear that they are using some very dodgy practices to force the issue, but having seen first hand the consequences of not keeping records, I can see why they are trying it on!