Employee and Workers Rights
24/10/2022
Employee and Workers Rights
In Northern Ireland (unlike some other European countries) the law recognises three types of persons:
- Employees
- Workers
- Self-Employed
Although many terms can be used to describe the status of people who work, for example, consultants, contractors or temps, casual workers strictly speaking, these terms have no specific legal meaning.
Why does the person’s status matter?
A person’s rights depend to a substantial degree on their status. Some very substantial rights only apply to employees. Compared to workers, there are more obligations between an employer and an employee.
Workers have fewer rights than employees, but still benefit from important protection. All worker rights are rights from day 1, where limb (b) workers do not need continuous service or qualifying periods to accrue their rights reflecting their more flexible relationship to their employer(s).
Self-employed people have very few rights from an employment law perspective, Generally, self-employed individuals have no statutory employment rights but are entitled to some health and safety protections/obligations as well as anti-discrimination rights when they are contracted by a customer or client.
This table summarises the rights that pertain to employees only and those that apply to both workers and employees.
Main statutory rights and applicability to employees only or to all workers
| STATUTORY RIGHT | EMPLOYEES | ALL workers
(including employees and workers) |
Qualifying Period
Required Relevant Legislation |
| Unfair dismissal rights | X | 1 year
Article 126 ER(NI)O 1996 |
|
| Written statement of employment particulars | X – see Note A | Within 2 months
Article 33 ER(NI)O 1996 |
|
| Itemised Pay Statement | X | Article 40 ER(NI)O 1996 | |
| Notice of termination of employment | 1 month
Article 118 ER(NI)O 1996 |
||
| Right to written statement of reasons for dismissal | X | Article 124 ER(NI)O 1996 | |
| Statutory Dispute Resolution Procedures (i.e. discipline & grievance procedures) | X | Article 130A ER(NI)O 1996
Schedule 1 Employment (NI) Order 2003 |
|
| Right to be accompanied at grievance and disciplinary hearings | Article 12 Employment Relations (NI) Order 1999 | ||
| Protection against unlawful discrimination:
– sex
– age
– religious belief
– political opinion
– race
– nationality
– ethnic or national origin
– disability
– sexual orientation
– gender reassignment |
|
|
Articles 8 & 12 Sex Discrimination (NI) Order 1976 Articles 7 & 10 Employment Equality (Age) Regulations (NI) 2006 Articles 19 & 20 Fair Employment and Treatment (NI) Order 1998 Articles 6 & 9 Race Relations (NI) Order 1997 Sections 4 & 4B Disability Discrimination Act 1995 Articles 6 & 9 Employment Equality (Sexual Orientation) Regulations (NI) 2003 |
| a) Protection against detriment for exercising rights in respect of health & safety cases
b) trustees of occupational pension schemes
c) employee representative
d) protected disclosures
time off work for study and training
e) leave for family and domestic reasons
f) trade union membership
g) European Works Council |
|
a) Since 31 May 2021
X
X
X
X – See Note B
X |
Article 68 ER(NI)O 1996 – health and safety
Article 69 ER(NI)O 1996 – trustees of occupational pension schemes Article 70 ER(NI)O 1996 – employee representatives Article 70A ER(NI)O 1996 – time off for study or training Article 70B ER(NI)O 1996 – protected disclosures Article 70C ER(NI)O 1996 – family and domestic reasons Article 73 ER(NI)) 1996 – trade union membership Reg. 25 Transnational Information and Consultation of Employees Regulations 1999 – European Works Council Family leave for agency workers ER(NI)O 1996: Article 85ZA & 85ZB – paid time off for ante-natal appointments Article 85ZG – time off to accompany ante-natal appointments Article 85ZN & 85ZO – paid time off to attend adoption appointments Article 85ZP – unpaid time off to attend adoption appointments |
| Protection against detriment for exercising rights in respect of:
a) working time cases b) national minimum wage
c) part-time work
d) right to be accompanied |
|
|
Article 135 ER(NI)O 1996 – asserting statutory right
Article 68A ER(NI)O 1996 – working time cases Article 135A ER(NI)O 1996 – national minimum wage Regulation 5 Part-time Workers (Prevention of Less Favourable Treatment) Regulations (NI) 2000 |
| Paid suspension on maternity grounds | see Note C | Articles 96 & 98 ER(NI)O 1996 | |
| Time off for ante natal care | see Note C | Article 83 ER(NI)O 1996
Article 85ZA ER(NI)O 1996 – agency workers |
|
| Ordinary Maternity Leave | X | Article 103 ER(NI)O 1996 | |
| Additional Maternity Leave | X | Article 105 ER(NI)O 1996 | |
| Parental Leave and Shared parental leave on birth or adoption | X | Articles 107E & 107G ER(NI)O 1996 – shared parental leave
Article 108 ER(NI)O 1996 – parental leave |
|
| Paternity Rights – Leave and Pay | X | Articles 112A & 112B ER(NI)O 1996 | |
| Adoption Rights – Leave and Pay | X | Article 107A ER(NI)O 1996 | |
| Time off for dependants | X | Article 85A ER(NI)O 1996 | |
| Right to the National Minimum Wage | Section 1 National Minimum Wage Act 1998 | ||
| Protection against unlawful deductions from wages | Article 45 ER(NI)O 1996 | ||
| Guarantee payments | X | 1 month
Articles 60 & 61 ER(NI)O 1996 |
|
| Working Time Rights, i.e. maximum weekly Working Time, rest breaks and rest periods | Working Time Regulations (NI) 2016:
Reg. 4 – maximum weekly working time Reg. 14 – rest breaks Reg. 12 – daily rest period Reg. 13 – weekly rest period
|
||
| Working Time Rights – paid annual leave | Regulation 20 Working Time Regulations (NI) 2016 | ||
| Protection in relation to Sunday trading and Sunday betting | X | Article 11 Shops (Sunday Trading &c.) (NI) Order 1997 | |
| Pension Auto Enrolment | Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (NI) 2010 | ||
| Paid suspension on medical grounds | X | 1 month
Article 96 ER(NI)O 1996 |
|
| Statutory redundancy payment | X | 2 years
Article 170 ER(NI)O 1996 |
|
| Right to be informed and consulted through representatives about collective redundancies | X | Article 216 ER(NI)O 1996 | |
| Time off to look for work or arrange training in the event of redundancy | X | Article 80 ER(NI)O 1996 | |
| Time off for employee representatives | X | Article 89 ER(NI)O 1996 | |
| Protection of acquired rights on the transfer of an undertaking | X but see Dewhurst – Note D | Regulation 4 Transfer of Undertakings (Protection of Employment) Regulations 2006 | |
| Right for part-time workers not to be treated less favourably than comparable full-time workers | Regulation 5 Part-time Workers (Prevention of Less Favourable Treatment) Regulations (NI) 2000 | ||
| Right for fixed term employees not to be treated less favourably than permanent employees | X | Regulation 3 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 | |
| Time off for public duties | X | Article 78 ER(NI)O 1996 | |
| Right to belong or not to belong to a trade union | Article 73(1)(a) ER(NI)O 1996 | ||
| Time off for carrying out trade union duties | X See Note E | Article 92 ER(NI)O 1996 | |
| Time off for trade union activities | See Note E | Article 94 ER(NI)O 1996 – employee
Article 73(1)(b) ER(NI)O 1996 – worker right not to suffer detriment |
|
| Right not to suffer deductions of unauthorised union subscriptions | Article 35 Trade Union and Labour Relations (NI) Order 1995 | ||
| Time off for members of a European Works Council | X | Regulation 25 Transnational Information and Consultation of Employees Regulations 1999 – European Works Council |
Note A: in GB, workers are entitled to a written statement within 2 months by virtue of Section 1(1) ERA 1996
Note B: leave for family and domestic reasons – after 12 weeks agency workers are entitled to paid time off to attend ante-natal care appointments; time off to accompany to ante-natal appointments; paid time off to attend adoption appointments; unpaid time off to attend adoption appointments
Note C: agency workers are entitled after 12 weeks – Regulation 7 Agency Workers Regulations (NI) 2011
Note D: but see first instance decision of Dewhurst v Revisecatch Ltd (t/a Ecourier) ET/2201909/18
Note E: It is automatically unfair for an employer to dismiss an employee on the grounds of trade union membership or for participating in union activities at an appropriate time. It is also against the law to refuse to recruit a person as a limb (b) worker or employee because the person is a member of a trade union. Employers must not subject a limb (b) worker or employee to detriment for the purposes of preventing, deterring or penalising trade union membership or participation in union activities at an appropriate time.