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References to tribunal as to particulars of terms of employment. 5.(1) Where an employer is required by section 4 to give to an employee a written statement under subsection (1) or subsection (4) of that section, and the employer does not give such a statement to the employee within the time limited by that section, the employee may require a reference to be made to a tribunal to determine what particulars ought to have been included or referred to in a statement given so as to comply with the requirements of that section. (2) Where a statement purporting to be a statement under subsection (1) or subsection (4) of section 4 is given by an employer to an employee, and a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of that section, either the employer or the employee may require that question to be referred to a tribunal. (3) Where a statement under subsection (1) or subsection (4) of section 4 given by an employer to an employee contains such an indication as is mentioned in subsection (6) of that section and (a)any particulars purporting to be particulars of a change to which that indication relates are entered up or recorded in accordance with that indication, and (b)a question arises as to the particulars which ought to have been so entered up or recorded, (4) Where, on a reference under subsection (1), a tribunal determines particulars as being those which ought to have been included or referred to in a statement, the employer shall be deemed to have given to the employee a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal. (5) On determining a reference under subsection (2), a tribunal may either confirm the particulars as included or referred to in the statement given by the employer, or may amend those particulars, or may substitute other particulars for them, as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in accordance with the decision of the tribunal. (6) On determining a reference under subsection (3), a tribunal may either confirm the particulars to which the reference relates, or may amend those particulars, or may substitute other particulars for them, as the tribunal may determine to be appropriate; and particulars of the change to which the reference relates shall be deemed to have been entered up or recorded in accordance with the decision of the tribunal. (7) Any matter required to be referred to a tribunal in pursuance of this section shall be referred to, and determined by, a tribunal in accordance with regulations made [under Article 59 of the Industrial Relations (Northern Ireland) Order 1976.] [(8) A tribunal shall not entertain a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was, in accordance with the regulations referred to in subsection (7) made before the end of the period of three months beginning with the date on which the employment ceased.] Excluded categories of employees.
© 1965 Crown Copyright
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