As an employee you have the right, each time you are paid, to receive a written statement which specifies your gross amount of wages or salary, the amounts of any fixed or variable deductions and the net amount of wages or salary payable. A pay slip or pay envelope with this information would suffice. If different portions of the net amount are paid in different ways e.g. part in cash and the balance to a bank account, then the amount and method of payment of each part-payment must be specified.
Entitlements to redundancy pay, guarantee pay, some types of compensation awarded by industrial tribunals, pay during notice and during time off for job-hunting or antenatal care are all related to an employee’s ‘week’s pay’, defined as the amount of pay the employee is due per week under his contract of employment. The rules for calculating a week’s pay are set out
Witness statements are often used during disciplinary/grievance investigations to capture information given by an individual that may be relevant to the investigation and may be used to enable decision making. Often employees giving witness statements wish to remain anonymous, although it is important to remember that such statements may be disclosed as part of an Industrial Tribunal procedure.See:
An employer who wishes to employ an individual from outside the EU must first obtain a work permit to do so. There are a number of different sets of work permit arrangements and details on these and the application process can be found by accessing the link below.
The Employment Rights (Northern Ireland) Order 1996 defines a worker as an individual working under a contract of employment or any other contract which is not by definition of a self employed nature. Examples include Agency workers and casual workers, where there may be no enduring employment relationship. Workers generally do not have the right to make a claim for Unfair Dismissal, but do have a number of other employment rights including entitlement to minimum annual leave and pay as provided for in the Working Time Regulations and the National Minimum Wage. It is important to remember that where employment status is in doubt it will ultimately be for a tribunal to determine the correct status.
The Working Time regulations provide rights to:
The Regulations apply to all workers, including the majority of agency workers and freelancers. There are additional rules for young workers.
You are required to give to your employees a written statement of particulars of employment. Every employee regardless of the number of hours worked has to be given this written statement, which sets out the main terms and conditions of their employment. This statement must be given within 2 months of the commencement of employment.
The information to be provided is specified in law and includes, for example, the specification of holidays and notice rights. It is permissible, within the written statement, to refer an employee to alternative documents which contain details of some of the information required, providing such documents are current, accessible, and updated whenever necessary. Alterations in the particulars of the written statement must be individually notified in writing within one month of the change. Note, that the written statement is not the same as a contract of employment; however, it may be a summary of what is contained within the contract
An employee is viewed as having been wrongfully dismissed when their contract of employment has been terminated without notice, either contractual or statutory notice, in circumstances where termination without notice is not justified, for example the dismissal was not for gross misconduct. An employee can take a claim to the Industrial Tribunal on those grounds for damages (compensation for loss) as a result of the wrongful dismissal.See:
The Agency’s Workplace Information Service is available to employers, employees, trade unions and others. Workplace Information Service advisors provide information and advice on a wide range of employment matters. The Workplace Information Service is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.
The Workplace Information Service provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.
While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.