CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965

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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 4



4.(1) Not later than thirteen weeks after the beginning of an employee's
period of employment with an employer, the employer shall give to the employee
a written statement identifying the parties, specifying the date when the
employment began, [stating whether any employment with a previous employer
counts as part of the employee's continuous period of employment with him, and
if so specifying the date on which the continuous period of employment began]
and giving the following particulars of the terms of employment as at a
specified date not more than one week before the statement is given, that is

(a)the scale or rate or remuneration, or the method of calculating
remuneration;

(b)the intervals at which remuneration is paid (that is, whether weekly or
monthly or by some other period);

(c)any terms and conditions relating to hours of work (including any terms and
conditions relating to normal working hours);

Para.(cc) rep. by 1976 NI 16 art.82(3) sch.7

(d)any terms and conditions relating to

[(i)entitlement to holidays, including public holidays, and holiday pay (the
particulars given being sufficient to enable the employee's entitlement,
including any entitlement to accrued holiday pay on the termination of
employment, to be precisely calculated);]

(ii)incapacity for work due to sickness or injury, including any provisions
for sick pay;

<(iii)pensions and pension schemes; and


(e)the length of notice which the employee is obliged to give and entitled to
receive to determine his contract of employment; [and

(f)the title of the job which the employee is employed to do;]

Provided that paragraph (d)(iii) shall not apply to the employees of any body
or authority if the employees' pension rights depend on the terms of a pension
scheme established under any statutory provision and the body or authority are
required by any such provision to give to new employees information concerning
their pension rights, or concerning the determination of questions affecting
their pension rights.

[(1A) Subject to [subsections (1B) and (1C)], every statement given to an
employee under subsection (1) shall include a note

(a)specifying any disciplinary rules applicable to the employee, or referring
to a document which is reasonably accessible to the employee and which
specifies such rules;

(b)specifying, by description or otherwise

(i)a person to whom the employee can apply if he is dissatisfied with any
disciplinary decision relating to him; and

(ii)a person to whom the employee can apply for the purpose of seeking redress
of any grievance relating to his employment,

(b)and the manner in which any such application should be made;

(c)where there are further steps consequent upon any such application,
explaining those steps or referring to a document which is reasonably
accessible to the employee and which explains them; and

(d)stating whether a contracting-out certificate is in force for the
employment in respect of which the statement is given,

(1B) Nothing in paragraph (d) of subsection (1A) shall be taken as authorising
or requiring any tribunal acting under this Act to determine any question
whether an employment is, has been or will be contracted-out employment.]

[(1C) The provisions of paragraphs (a) to (c) of subsection (1A) shall not
apply to rules, disciplinary decisions, grievances or procedures relating to
health or safety at work.]

(2) If there are no particulars to be entered under any of the heads of
paragraph (d), or under any of the other provisions of subsection (1), that
fact shall be stated.

(3) If the contract is for a fixed term, the date when the contract expires
shall be stated.

(4) If after the date to which the statement relates there is a change in the
terms to be included, or referred to, in the statement, the employer shall,
not more than one month after the change, inform the employee of the nature of
the change by a written statement and, if he does not leave a copy of the
statement with the employee, shall preserve the statement and ensure that the
employee has reasonable opportunities of reading it in the course of his
employment, or that it is made reasonably accessible to him in some other way.

(5) A statement under subsection (1) or subsection (4) may, for all or any of
the particulars to be given by the statement, refer the employee to some
document which the employee has reasonable opportunities of reading in the
course of his employment, or which is made reasonably accessible to him in
some other way.

(6) If the employer in referring in the statement to any such document
indicates to the employee that future changes in the terms the particulars of
which are given in the document will be entered up in the document (or
recorded by some other means for the information of persons referring to the
document) the employer need not under subsection (4) inform the employee of
any such change which is duly entered up or recorded not more than one month
after the change is made.

[(6A) Where, after an employer has given to an employee a written statement in
accordance with section 4(1)

(a)the name of the employer (whether an individual or a body corporate or
partnership) is changed, without any change in the identity of the employer,
or

(b)the identity of the employer is changed, in such circumstances that, in
accordance with paragraph 10 or 11 of Schedule 1, the continuity of the
employee's period of employment is not broken,

(6B) A written statement under this section which informs an employee of such
a change in his terms of employment as is referred to in subsection (6A)(b)
shall specify the date on which the employee's continuous period of employment
began.]

(7) If, not more than six months after the termination of an employee's period
of employment, a further period of employment is begun with the same employer,
and the terms of employment are the same, no statement need be given under
subsection (1) in respect of the second period of employment, but without
prejudice to the operation of subsection (4) if there is a change in the terms
of employment.

(8) This section shall not apply to an employee if and so long as

(a)his contract of employment is a contract which has been reduced to writing
in one or more documents and which contains express terms affording the
particulars to be given under each of the paragraphs in subsection (1), and
under each head of paragraph (d) of that subsection; and

(b)a copy of the contract (with any variations made from time to time) has
been given to the employee, or the employee has reasonable opportunities of
reading such a copy in the course of his employment, or such a copy is made
reasonably accessible to him in some other way; [and

(c)such a note as is mentioned in section 4(1A) has been given to the employee
or he has reasonable opportunities of reading such a note in the course of his
employment or such a note is made reasonably accessible to him in some other
way;]

(9) [Subject to subsections (10) to (11A),] no account shall be taken under
this section of employment during any period when the hours of employment are
normally less than [sixteen hours] weekly, and this section shall apply to an
employee who at any time comes or ceases to come within the exception in this
subsection as if a period of employment terminated or began at that time.

[(10) If the employee's relations with his employer cease to be governed by a
contract which normally involves work for sixteen hours or more weekly and
become governed by a contract which normally involves employment for
eight hours or more, but less than sixteen hours, weekly, the employee shall
nevertheless for a period of twenty-six weeks computed in accordance with the
next following subsection be treated for the purposes of the foregoing
subsection as if his contract normally involved employment for sixteen hours
or more weekly.

(11) In computing the said period of twenty-six weeks no account shall be
taken of any week

(a)during which the employee is in fact employed for sixteen hours or more;

(b)during which the employee takes part in a strike or is absent from work
because of a lock-out by his employer; or

(c)during which there is no contract of employment but which, by virtue of
paragraph 5(1) of Schedule 1, counts in computing a period of continuous
employment.

(11A) An employee whose relations with his employer are governed by a contract
of employment which normally involves employment for eight hours or more, but
less than sixteen hours, weekly shall nevertheless, if he has been
continuously employed for a period of five years or more (computed in
accordance with Schedule 1) be treated for the purposes of subsection (9) as
if his contract normally involved employment for sixteen hours or more
weekly.]

(12) The Ministry of Health and Social Services (in this Act referred to as
"the Ministry") may by order made subject to negative resolution provide that
this section shall have effect as if such further particulars as may be
specified in the order were included in the particulars to be included in a
statement under this section.

(13) An order under subsection (12) may contain such transitional and other
supplemental and incidental provisions, including provisions amending
subsection (1), as are appropriate.
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Northern Irish Legislation

CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 4
