Employment Issues

Employment

This section may be useful for our students who may be on work placement (excluding Nursing students)

Contract of Employment

Legally, by the end of your second month of employment, your employer is obliged to equip you with a Statement of Main Terms and Conditions, if you are concerned because you have not received a written contract, this does not mean you are not an employee without rights.

April 2018 Minimum Wage Structure

·         Apprentice: £3.70

·         Under 18: £4.20

·         18 – 20: £5.90

·         21 – 24: £7.38

·         25 + £7.83

Holiday Pay

By law, all employees are entitled to holiday pay. The Statutory minimum is 5.6 weeks or 28 days for someone working 5 days a week. You may be entitled to more but this will depend upon your contract of employment.

Part-time and agency workers or those on ‘Zero hours contracts’ are still legally entitled to a percentage of hours as paid holiday.

Holidays are accrued as soon as you start work and when you leave a job you are also entitled to be paid for any holidays you have accrued but did not use up.

You can also contact The Labour Relations Agency for support on 02890321442 or visitwww.nidirect.gov.uk

Sick Pay

You may be entitled to sick pay under the terms of your contract of employment. If you are not entitled to this or if your employer does not operate a Company Sick Pay scheme you may still be entitled to Statutory Sick Pay (SSP) by completing an SSP1 form.

SSP Criteria:

·         You are an employee who is sick for at least one qualifying day per week. A qualifying day is one where you would                   normally be required to work;

·         You must be sick for at least 4 days (the first 3 are ignored)

·         Your normal weekly earnings have been more than the threshold for paying National Insurance (currently £112/pw) for             a period of at least 8 weeks before your period of incapacity, and if so you should receive £88.45 per week.

·         You inform your employer that you are sick as soon as you can (you must do this within 7 days to qualify for SSP)

Casual and bank staff are generally not entitled to SSP as they are not “required” to work.

You can contact The Labour Relations Agency for support on 02890321442 or visit www.nidirect.gov.uk

Dismissal

You must have been employed for a period of at least 12 months in the North before having rights under the Employment Rights Order 1996 to attempt to make a claim for unfair dismissal, and be employed for a period of at least two years before being entitled to Statutory redundancy pay.

Your employed can dismiss you without good reason if you have worked for less than a year. This may be because they no longer require your services or if you have given them reason to reconsider employing you in the first place. If, however, you believe your employer has acted discriminatory towards you, this may be deemed ‘automatically unfair’ and the one year’s employment rule does not apply.

Your employer must follow Statutory procedures prior to dismissal if you have been employed for over one year. Justification for their reasons must be within the legislation for doing so.

You should act as soon as possible if you think you have been unfairly dismissed as there are strict time limits for making a claim.

You can contact The Labour Relations Agency for support on 02890321442 or visit www.nidirect.gov.uk

Get in touch d.kerr1@ulster.ac.uk