i e AT 21 of 2006 EMPLOYMENT ACT 2006

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1 i e AT 21 of 2006 EMPLOYMENT ACT 2006

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3 Employment At 2006 Index i e EMPLOYMENT ACT 2006 Index Setion Page PART I DISCRIMINATION AT RECRUITMENT ON TRADE UNION GROUNDS 9 1 Refusal of employment on grounds related to union membership or ativities Refusal of servie of employment ageny on grounds related to union membership or ativities Time limit for proeedings Remedies Complaint against employer and employment ageny Awards against third parties Interpretation et PART II RIGHTS DURING EMPLOYMENT 15 Written partiulars of terms of employment 15 8 Written partiulars of terms of employment Supplementary provisions as to statements under setion Changes in terms of employment Exlusion of ertain ontrats in writing Employees beoming or easing to be exluded from setions 8 to Power of Department to require further partiulars Itemised pay statements Right to itemised pay statement Standing statement of fixed dedutions Power to amend setions 14 and Enforement of rights under Part II Referenes to and determination by Tribunal Tribunal s duties in ases other than setion Offenes Powers of entry et AT 21 of 2006 Page 3

4 Index Employment At 2006 PART III RIGHTS ARISING IN COURSE OF EMPLOYMENT 27 Dedutions from wages et Restritions on dedutions et Dedutions on aount of ash shortages et Payments on aount of ash shortages et Provisions supplementary to setions 22 and Complaints to Tribunal Supplementary provisions as to omplaints Meaning of wages Supplemental interpretation of setions 21 to Induements Induements relating to union membership or ativities Induements relating to olletive bargaining Time limit for proeedings Consideration of omplaint Remedies Interpretation and other supplementary provisions Time off work Time off for arrying out trade union duties Complaints to Tribunal Time off for trade union ativities Complaints to Tribunal Time off for publi duties Complaints to Tribunal Time off to look for work et Complaints to Tribunal Time off for ante-natal are Complaints to Tribunal Right to time off for pension sheme trustees Right to payment for time off under setion Complaints to Tribunal Provisions supplementary to setions 35 to PART IV PROTECTED DISCLOSURES Meaning of proteted dislosure Dislosure qualifying for protetion Dislosure to employer or other responsible person Dislosure to legal adviser Dislosure to Civil Servie Commission Dislosure to presribed person Dislosure in other ases Dislosure of exeptionally serious failure Contratual duties of onfidentiality Extension of meaning of worker et for Part IV Appliation of this Part and related provisions to polie Page 4 AT 21 of 2006

5 Employment At 2006 Index 60 Other interpretative provisions PART V DETRIMENT Health and safety ases Annual leave and other working time ases Trustees of oupational pension shemes Proteted dislosures Leave for family and domesti reasons Flexible working Detriment on grounds related to trade union membership or ativities Right to aompany or be aompanied Proteted industrial ation Assertion of statutory right Enforement Complaints to Tribunal Remedies Appliation to polie of rights relating to health and safety Appliation to polie of setion 61 and related provisions PART VI SUSPENSION FROM WORK ON MATERNITY GROUNDS Meaning of suspension on maternity grounds Right to offer of alternative work Right to remuneration Calulation of remuneration Complaints to Tribunal under setions 75 and PART VII LEAVE FOR FAMILY AND DOMESTIC REASONS Ordinary maternity leave Compulsory maternity leave Additional maternity leave Redundany and dismissal Setions 79 to 81: supplemental Parental leave: hildren with a disability Parental leave Rights during and after parental leave Speial ases Supplemental Complaints to Tribunal Paternity leave: birth Paternity leave: adoption Rights during and after paternity leave Speial ases Supplemental Ordinary adoption leave Additional adoption leave AT 21 of 2006 Page 5

6 Index Employment At Redundany and dismissal Supplemental Statutory right to request flexible working Employer s duties in relation to appliation under setion Complaints to Tribunal Remedies PART VIII - DISCIPLINARY AND GRIEVANCE HEARINGS Right to be aompanied Complaints to Tribunal Interpretation of Part VIII PART IX TERMINATION OF EMPLOYMENT Rights of employer and employee to a minimum period of notie Rights of employee in period of notie Measure of damages in proeedings against employers Statutory ontrats Right to written statement of reasons for dismissal PART X UNFAIR DISMISSAL 96 Right not to be unfairly dismissed Right of employee not to be unfairly dismissed Meaning of unfair dismissal Meaning of dismissal General provisions relating to fairness of dismissal Leave for family reasons Health and safety ases Annual leave and other working time ases Trustees of oupational pension shemes Proteted dislosures Assertion of statutory right Dismissal of employee relating to trade union membership or ativities The minimum wage Flexible working Dismissal for exerise of right to be aompanied Dismissal in onnetion with proteted industrial ation Raial disrimination and dismissal Religious disrimination and dismissal Dismissal on ground of sexual orientation Dismissal on ground of redundany Replaements Seletive dismissal or re-engagement arising out of industrial ation: jurisdition of Tribunal Pressure on employer to dismiss unfairly Exlusion of setion Page 6 AT 21 of 2006

7 Employment At 2006 Index 132 Qualifying period and upper age limit Remedies for unfair dismissal Complaints to Tribunal Remedies for unfair dismissal: orders and ompensation The orders Order for reinstatement Order for re-engagement Choie of order and its terms Enforement of order and ompensation Amount of ompensation Compensation for unfair dismissal Redution of ompensation: matters to be disregarded Calulation of basi award Calulation of ompensatory award Limit of ompensatory award et Ats whih are both unfair dismissal and disrimination Awards against third parties PART XI INSOLVENCY AND CESSATION OF BUSINESS OF EMPLOYER Insolveny of employer Cessation of business of employer Payment of unpaid ontributions to oupational pension sheme et Restrition on payment in ertain ases Exeption for diretors et Complaints to Tribunal Subrogation of DSC Power of DSC to obtain information in onnetion with appliations Interpretation of Part XI PART XII RESOLUTION OF DISPUTES RELATING TO EMPLOYMENT The Employment Tribunal Coniliation Reoupment of benefit Enforement of awards et. of Tribunal Appeals PART XIII - MISCELLANEOUS AND SUPPLEMENTAL Appliation to territorial waters Power to onfer rights on individuals Illegality and treatment of speial ategories of worker Restritions on ontrating out Part-time work: disrimination Limited-term employment AT 21 of 2006 Page 7

8 Index Employment At Annual leave and other working time ases Death of employer or employee Computation of period of employment Calulation of normal working hours and a week s pay Codes of pratie Publiation of employees rights General interpretation Subordinate legislation: general provisions Tynwald ontrol over orders et Transitional provisions, savings, amendments and repeals Short title and ommenement SCHEDULE TRIBUNAL S DUTIES IN CASES OTHER THAN SECTION SCHEDULE RIGHTS OF EMPLOYEE IN PERIOD OF NOTICE 155 SCHEDULE THE EMPLOYMENT TRIBUNAL 158 SCHEDULE TREATMENT OF SPECIAL CATEGORIES OF WORKER 166 SCHEDULE COMPUTATION OF PERIOD OF EMPLOYMENT 169 SCHEDULE CALCULATION OF NORMAL WORKING HOURS AND A WEEK S PAY 176 SCHEDULE TRANSITIONAL PROVISIONS AND SAVINGS 182 SCHEDULE AMENDMENT OF ENACTMENTS 186 SCHEDULE ENACTMENTS REPEALED 186 ENDNOTES 189 TABLE OF LEGISLATION HISTORY 189 TABLE OF RENUMBERED PROVISIONS 189 TABLE OF ENDNOTE REFERENCES 189 Page 8 AT 21 of 2006

9 Employment At 2006 Setion 1 i e EMPLOYMENT ACT 2006 Reeived Royal Assent: 12 Deember 2006 Announed to Tynwald: 12 Deember 2006 Commened: See endnote on appointed day orders AN ACT to onsolidate enatments relating to employment rights; to onfer new rights on employees and workers; and for onneted purposes. PART I DISCRIMINATION AT RECRUITMENT ON TRADE UNION GROUNDS 1 Refusal of employment on grounds related to union membership or ativities [P1992/52/137; 1996/18/1] (1) It is unlawful to refuse a person employment beause he or she is, or is not, or has been, or has not been a member of a trade union, or beause he or she is or has been involved (whether or not as a member) in trade union ativities, or () beause he or she is unwilling to aept a requirement (i) (ii) (iii) to take steps to beome or ease to be, or to remain or not to beome, a member of a trade union, or to ease to be involved (whether or not as a member) in trade union ativities, or to make payments or suffer dedutions in the event of he or she not being a member of a trade union. (2) A person who is thus unlawfully refused employment has a right of omplaint to the Employment Tribunal (in this At referred to as the Tribunal ). (3) Where an advertisement is published whih indiates, or might reasonably be understood as indiating AT 21 of 2006 Page 9

10 Setion 1 Employment At 2006 that employment to whih the advertisement relates is open only to a person who is, or is not, or has been, or has not been a member of a trade union, or that any suh requirement as is mentioned in subsetion (1)() will be imposed in relation to employment to whih the advertisement relates, a person who does not satisfy that ondition or, as the ase may be, is unwilling to aept that requirement, and who seeks and is refused employment to whih the advertisement relates, shall be onlusively presumed to have been refused employment for that reason. (4) Where there is an arrangement or pratie under whih employment is offered only to persons put forward or approved by a trade union, and the trade union puts forward or approves only persons who are members of the union, a person who is not a member of the union and who is refused employment in pursuane of the arrangement or pratie shall be taken to have been refused employment beause he or she is not a member of the trade union. (5) A person shall be taken to be refused employment if he or she seeks employment of any desription with a person and that person () (d) (e) refuses or deliberately omits to entertain and proess his or her appliation or enquiry, or auses him or her to withdraw or ease to pursue his or her appliation or enquiry, or refuses or deliberately omits to offer him or her employment of that desription, or makes him or her an offer of suh employment the terms of whih are suh as no reasonable employer who wished to fill the post would offer and whih is not aepted, or makes him or her an offer of suh employment but withdraws it or auses him or her not to aept it. (6) Where a person is offered employment on terms whih inlude a requirement that he or she is, or is not, or has been, or has not been a member of a trade union, or any suh requirement as is mentioned in subsetion (1)(), and he or she does not aept the offer beause he or she does not satisfy or, as the ase may be, is unwilling to aept that requirement, he or she shall be treated as having been refused employment for that reason. (7) Where a person may not be onsidered for appointment or eletion to an offie in a trade union unless he or she is a member of the union, or of a partiular branh or setion of the union or of one of a number of partiular branhes or setions of the union, nothing in this setion applies to anything done for the purpose of seuring ompliane with Page 10 AT 21 of 2006

11 Employment At 2006 Setion 2 that ondition although as holder of the offie he or she would be employed by the union. For this purpose an offie means any position by virtue of whih the holder is an offiial of the union. (8) The provisions of this setion apply in relation to an employment ageny ating, or purporting to at, on behalf of an employer as in relation to an employer. 2 Refusal of servie of employment ageny on grounds related to union membership or ativities [P1992/52/138; 1996/18/2] (1) It is unlawful for an employment ageny to refuse a person any of its servies beause he or she is, or is not, or has been, or has not been a member of a trade union, or beause he or she is or has been involved (whether or not as a member) in trade union ativities, or () beause he or she is unwilling to aept a requirement (i) (ii) to take steps to beome or ease to be, or to remain or not to beome, a member of a trade union, or to ease to be involved (whether or not as a member) in trade union ativities. (2) A person who is thus unlawfully refused any servie of an employment ageny has a right of omplaint to the Tribunal. (3) Where an advertisement is published whih indiates, or might reasonably be understood as indiating that any servie of an employment ageny is available only to a person who is, or is not, or has been, or has not been a member of a trade union, or that any suh requirement as is mentioned in subsetion (1)() will be imposed in relation to a servie to whih the advertisement relates, a person who does not satisfy that ondition or, as the ase may be, is unwilling to aept that requirement, and who seeks to avail himself or herself of and is refused that servie, shall be onlusively presumed to have been refused it for that reason. (4) A person shall be taken to be refused a servie if he or she seeks to avail himself or herself of it and the ageny refuses or deliberately omits to make the servie available to him or her, or AT 21 of 2006 Page 11

12 Setion 3 Employment At 2006 () auses him or her not to avail himself or herself of the servie or to ease to avail himself or herself of it, or does not provide the same servie, on the same terms, as is provided to others. (5) Where a person is offered a servie on terms whih inlude a requirement that he or she is, or is not, or has been, or has not been a member of a trade union, or any suh requirement as is mentioned in subsetion (1)(), and he or she does not aept the offer beause he or she does not satisfy or, as the ase may be, is unwilling to aept that requirement, he or she shall be treated as having been refused the servie for that reason. 3 Time limit for proeedings [P1992/52/139; 1996/18/3] (1) The Tribunal shall not onsider a omplaint under setion 1 or 2 unless it is presented to the Tribunal before the end of the period of 3 months beginning with the date of the ondut to whih the omplaint relates, or where the Tribunal is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period, within suh further period as the Tribunal onsiders reasonable. (2) The date of the ondut to whih a omplaint under setion 1 relates shall be taken to be in the ase of an atual refusal, the date of the refusal; in the ase of a deliberate omission () (d) (e) (i) (ii) to entertain and proess the omplainant s appliation or enquiry, or to offer employment, the end of the period within whih it was reasonable to expet the employer to at; in the ase of ondut ausing the omplainant to withdraw or ease to pursue his or her appliation or enquiry, the date of that ondut; in a ase where an offer was made but withdrawn, the date when it was withdrawn; in any other ase where an offer was made but not aepted, the date on whih it was made. (3) The date of the ondut to whih a omplaint under setion 2 relates shall be taken to be in the ase of an atual refusal, the date of the refusal; Page 12 AT 21 of 2006

13 Employment At 2006 Setion 4 () (d) in the ase of a deliberate omission to make a servie available, the end of the period within whih it was reasonable to expet the employment ageny to at; in the ase of ondut ausing the omplainant not to avail himself or herself of a servie or to ease to avail himself or herself of it, the date of that ondut; in the ase of failure to provide the same servie, on the same terms, as is provided to others, the date or last date on whih the servie in fat provided was provided. 4 Remedies [P1992/52/140; 1996/18/4] (1) Where the Tribunal finds that a omplaint under setion 1 (refusal of employment: union membership or ativities) or 2 (refusal of employment by ageny: union membership or ativities) is well-founded, it shall make a delaration to that effet and may make suh of the following as it onsiders just and equitable an order requiring the respondent to pay ompensation to the omplainant of suh amount as the Tribunal may determine; a reommendation that the respondent take within a speified period ation appearing to the Tribunal to be pratiable for the purpose of obviating or reduing the adverse effet on the omplainant of any ondut to whih the omplaint relates. (2) Compensation shall be assessed on the same basis as damages for breah of statutory duty and may inlude ompensation for injury to feelings. (3) If the respondent fails without reasonable justifiation to omply with a reommendation to take ation, the Tribunal may inrease its award of ompensation or, if it has not made suh an award, make one. (4) The total amount of ompensation shall not exeed the limit for the time being imposed by setion 144(1) (limit of ompensatory award). 5 Complaint against employer and employment ageny [P1992/52/141; 1996/18/5] (1) Where a person has a right of omplaint under this Part against a prospetive employer and against an employment ageny arising out of the same fats, he or she may present a omplaint against either of them or against them jointly. (2) If a omplaint is brought against one only, he or she or the omplainant may request the Tribunal to join the other as a party to the proeedings. The request shall be granted if it is made before the hearing of the omplaint begins, but may be refused if it is made after that time; and no AT 21 of 2006 Page 13

14 Setion 6 Employment At 2006 suh request may be made after the Tribunal has made its deision as to whether the omplaint is well-founded. (3) Where a omplaint is brought against an employer and an employment ageny jointly, or where it is brought against one and the other is joined as a party to the proeedings, and the Tribunal finds that the omplaint is well-founded as against the employer and the ageny; and makes an award of ompensation, it may order that the ompensation shall be paid by the one or the other, or partly by one and partly by the other, as the Tribunal may onsider just and equitable in the irumstanes. 6 Awards against third parties [P1992/52/142; 1996/18/6] (1) If in proeedings on a omplaint under setion 1 (refusal of employment: union membership or ativities) or 2 (refusal of employment by ageny: union membership or ativities) either the omplainant or the respondent laims that the respondent was indued to at in the manner omplained of by pressure whih a trade union or other person exerised on him or her by alling, organising, prouring or finaning a strike or other industrial ation, or by threatening to do so, the omplainant or the respondent may request the Tribunal to diret that the person who he or she laims exerised the pressure be joined as a party to the proeedings. (2) The request shall be granted if it is made before the hearing of the omplaint begins, but may be refused if it is made after that time; and no suh request may be made after the Tribunal has made its deision as to whether the omplaint is well-founded. (3) Where a person has been so joined as a party to the proeedings and the Tribunal () finds that the omplaint is well-founded, makes an award of ompensation, and also finds that the laim in subsetion (1) is well-founded, it may order that the ompensation shall be paid by the person joined instead of by the respondent, or partly by that person and partly by the respondent, as the Tribunal may onsider just and equitable in the irumstanes. (4) Where by virtue of setion 5 (omplaint against employer and employment ageny) there is more than one respondent, this setion applies to either or both of them. Page 14 AT 21 of 2006

15 Employment At 2006 Setion 7 7 Interpretation et. [P1992/52/143; 1996/18/7] (1) In this Part advertisement inludes every form of advertisement or notie, whether to the publi or not, and referenes to publishing an advertisement shall be onstrued aordingly; employment ageny means a person who, for profit or not, provides servies for the purpose of finding employment for workers or supplying employers with workers, but subjet to subsetion (2). (2) For the purposes of this Part as it applies to employment agenies servies other than those mentioned in the definition of employment ageny in subsetion (1) shall be disregarded, and a trade union shall not be regarded as an employment ageny by reason of servies provided by it only for, or in relation to, its members. (3) Referenes in this Part to being or not being or having been, or not having been a member of a trade union are to being or not being or having been, or not having been a member of any trade union, of a partiular trade union or of one of a number of partiular trade unions; and inlude referenes to being or not being or having been, or not having been a member of a partiular branh or setion of a trade union or of one of a number of partiular branhes or setions of a trade union. (4) The remedy of a person for ondut whih is unlawful by virtue of setion 1 (refusal of employment: union membership or ativities) or 2 (refusal of employment by ageny: union membership or ativities) is by way of a omplaint to the Tribunal in aordane with this At, and not otherwise. No other legal liability arises by reason that ondut is unlawful by virtue of either of those setions. PART II RIGHTS DURING EMPLOYMENT Written partiulars of terms of employment 8 Written partiulars of terms of employment [P1996/18/1 and 3(1) and (2); 1991/19/1] (1) Not later than 4 weeks after the beginning of an employee s employment with an employer, the employer shall give to the employee a written statement in aordane with the following provisions of this setion. AT 21 of 2006 Page 15

16 Setion 8 Employment At 2006 (2) An employer shall in a statement under this setion () identify the parties; speify the date when the employment began; and speify the date on whih the employee s period of ontinuous employment began (taking into aount any employment with a previous employer whih ounts towards that period). (3) A statement under this setion shall ontain the following partiulars of the terms of employment as at a speified date not more than one week before the statement is given or, where the employment terminated before the statement is given, one week before suh termination () the sale or rate of remuneration, or the method of alulating remuneration, the intervals at whih remuneration is paid (that is, whether weekly or monthly or by some other period), any terms and onditions relating to hours of work (inluding any terms and onditions relating to normal working hours), (d) any terms and onditions relating to (e) (f) (g) (h) (i) (j) (i) (ii) (iii) entitlement to holidays, inluding publi holidays, and holiday pay (the partiulars given being suffiient to enable the employee s entitlement, inluding any entitlement to arued holiday pay on the termination of employment, to be preisely alulated), inapaity for work due to sikness or injury, inluding any provision for sik pay, pensions and pension shemes, inluding the normal retiring age in the employment, the length of notie whih the employee is obliged to give and entitled to reeive to terminate his or her ontrat of employment, the title of the job whih the employee is employed to do, where the employment is not intended to be permanent, the period for whih it is expeted to ontinue or, if it is for a limited term, the date or irumstanes when it is to end, either the plae of work or, where the employee is required or permitted to work at various plaes, an indiation of that and of the address of the employer, any olletive agreements whih diretly affet the terms and onditions of the employment inluding, where the employer is not a party, the persons by whom they were made, and where the employee is required to work outside the Island for a period of more than one month Page 16 AT 21 of 2006

17 Employment At 2006 Setion 8 (i) (ii) (iii) (iv) the period for whih he or she is to work outside the Island, the urreny in whih remuneration is to be paid while he or she is working outside the Island, any additional remuneration payable to him or her, and any benefits to be provided to or in respet of him or her, by reason of being required to work outside the Island, and any terms and onditions relating to his or her return to the Island. (4) Subsetion (3)(d)(iii) does not apply to the employees of any publi authority if the employees pension rights depend on the terms of a pension sheme established under any provision ontained in or having effet under an At of Tynwald and the authority are required by any suh provision to give to new employees information onerning their pension rights, or onerning the determination of questions affeting their pension rights. (5) Subjet to subsetion (6), every statement given to an employee under this setion shall inlude a note speifying any disiplinary rules and proedures appliable to the employee, or referring to a doument whih is reasonably aessible to the employee and whih speifies any suh rules and proedures; speifying, by desription or otherwise () (d) (i) (ii) (iii) a person to whom the employee an apply if he or she is dissatisfied with any disiplinary deision relating to him or her; and a person to whom the employee an apply for the purpose of seeking redress of any grievane relating to his or her employment; and the manner in whih any suh appliation should be made; where there are further steps onsequent upon any suh appliation, explaining those steps or referring to a doument whih is reasonably aessible to the employee and whih explains them; and stating whether a ontrating-out ertifiate is in fore for the employment in respet of whih the statement is given. (6) Subsetion (5) to () does not apply to rules, disiplinary deisions, grievanes or proedures relating to health or safety at work. (7) The definition of week given by setion 173(1) (general interpretation) does not apply for the purposes of this setion. AT 21 of 2006 Page 17

18 Setion 9 Employment At Supplementary provisions as to statements under setion 8 [P1996/18/2; 1991/19/2] (1) If there are no partiulars to be entered under any of the heads of setion 8(3)(d), or under any of the other provisions of setions 8(2), (3) and (5)(i), that fat shall be stated. (2) A statement given under setion 8 may, for all or any of the partiulars to be given by the statement, refer the employee to some doument whih the employee has reasonable opportunities of reading in the ourse of his or her employment or whih is made reasonably aessible to him or her in some other way. (3) No statement need be given under setion 8 where () the employee s employment began not more than 6 months after the end of earlier employment with the same employer, a statement under that setion, and any information subsequently required under setion 10 (hanges in terms of employment), were duly given to the employee in respet of his or her earlier employment, and the terms of his or her present employment are the same as those of his or her earlier employment and any other matters falling within setion 8(5) of whih partiulars were to be given by that statement are also unhanged, but without prejudie to the operation of setion 10 if there is subsequently a hange in his or her terms of employment or in any of those matters. (4) The employer shall preserve a opy of every statement given under setion 8 until the expiration of 6 months following the termination of the employment in question. (5) Where before the end of the period of 4 weeks after the beginning of an employee s employment the employee is to begin to work outside the Island for a period of more than one month, the statement under setion 8 shall be given to him or her not later than the time when he or she leaves the Island in order to begin so to work. 10 Changes in terms of employment [P1991/19/3] (1) If after the date to whih a statement given under setion 8 (written partiulars of terms of employment) relates there is a hange in the terms of employment to be inluded, or referred to, in that statement the employer shall not more than 4 weeks after the hange, or where that hange results from the employee being required to work outside the Island for a period of more than one month, the Page 18 AT 21 of 2006

19 Employment At 2006 Setion 10 time when he or she leaves the Island to begin so to work, if that is earlier, inform the employee of the nature of the hange by a written statement and, if he or she does not leave a opy of the statement with the employee, shall preserve the statement and ensure that the employee has reasonable opportunities of reading it in the ourse of his or her employment, or that it is made reasonably aessible to him or her in some other way. (2) A statement given under subsetion (1) may, for all or any of the partiulars to be given by the statement, refer the employee to some doument whih the employee has reasonable opportunities of reading in the ourse of his or her employment, or whih is made reasonably aessible to him or her in some other way. (3) If, in referring in the statement given under setion 8 or under subsetion (1) to any suh doument, the employer indiates to the employee that future hanges in the terms of whih the partiulars are given in the doument will be entered up in the doument (or reorded by some other means for the information of persons referring to the doument), the employer need not under subsetion (1) inform the employee of any suh hange if it is duly entered up or reorded not later than 4 weeks after the hange is made. (4) Where, after an employer has given to an employee a written statement in aordane with setion 8 the name of the employer (whether an individual or a body orporate or partnership) is hanged, without any hange in the identity of the employer, or the identity of the employer is hanged, in suh irumstanes that[,] the ontinuity of the employee s period of employment is not broken, and (in either ase) the hange does not involve any hange in the terms (other than the names of the parties) inluded or referred to in the statement, then, the person who, immediately after the hange, is the employer shall not be required to give to the employee a statement in aordane with setion 8, but, subjet to subsetion (5), the hange shall be treated as a hange falling within subsetion (1). (5) A written statement under this setion whih informs an employee of suh a hange in his or her terms of employment as is referred to in subsetion (4) shall speify the date on whih the employee s period of ontinuous employment began. (6) Any referene in subsetion (1), (3) or (4) to the terms of employment whih were to be, or were, inluded or referred to in a statement given under setion 8 shall be onstrued as inluding a referene to any other AT 21 of 2006 Page 19

20 Setion 11 Employment At 2006 matters falling within setion 8(2)() and (5) of whih partiulars were to be given by that statement. 11 Exlusion of ertain ontrats in writing [P1991/19/4] Setions 8 (written partiulars of terms of employment) and 10 (hanges in terms of employment) do not apply to an employee if and so long as the following onditions are fulfilled in relation to him or her () the employee s ontrat of employment is a ontrat whih has been redued to writing in one or more douments and whih ontains express terms affording the partiulars to be given under eah of the paragraphs in setion 8(3) and under eah head of setion 8(3)(d); there has been given to the employee a opy of the ontrat (with any variations made from time to time), or he or she has reasonable opportunities of reading suh a opy in the ourse of his or her employment, or suh a opy is made reasonably aessible to him or her in some other way; and suh a note as is mentioned in setion 8(5) has been given to the employee or he or she has reasonable opportunities of reading suh a note in the ourse of his or her employment or suh a note is made reasonably aessible to him or her in some other way. 12 Employees beoming or easing to be exluded from setions 8 to10 [P1991/19/5] (1) Setions 8 to 10 apply to an employee who at any time omes or eases to ome within the exeptions from those setions provided for by setion 11 (exlusion of ertain ontrats in writing) or Shedule 4 (treatment of speial ategories of worker) as if his or her employment with his or her employer terminated or began at that time. (2) The fat that setion 8 is direted to apply to an employee as if his or her employment began on their easing to ome within one of the exeptions referred to in subsetion (1) does not affet the obligation under setion 8(2) to speify the date on whih his or her employment atually began. 13 Power of Department to require further partiulars [P1991/19/6] The Department may by order provide that setion 8 shall have effet as if suh further partiulars as may be speified in the order were inluded in the partiulars to be inluded in a statement under that setion, and, for that purpose, the order may inlude suh provisions amending setions 8(1), (2) and (3) as appear to the Department to be expedient. Page 20 AT 21 of 2006

21 Employment At 2006 Setion 14 Itemised pay statements 14 Right to itemised pay statement [P1996/18/8; 1991/19/7] Every employee has the right to be given by his or her employer at or before the time at whih any payment of wages or salary is made to him or her an itemised pay statement, in writing, ontaining the following partiulars () (d) the gross amount of the wages or salary; the amounts of any variable and, subjet to setion 15 (standing statement of fixed dedutions), any fixed dedutions from that gross amount and the purposes for whih they are made; the net amount of wages or salary payable; and where different parts of the net amount are paid in different ways, the amount and method of payment of eah part-payment. 15 Standing statement of fixed dedutions [P1991/19/8] (1) A pay statement given in aordane with setion 14 need not ontain separate partiulars of a fixed dedution if it ontains instead an aggregate amount of fixed dedutions, inluding that dedution, and the employer has given to the employee, at or before the time at whih that pay statement is given, a standing statement of fixed dedutions, in writing, whih ontains the following partiulars of eah dedution omprised in that aggregate amount, () the amount of the dedution; the intervals at whih the dedution is to be made; and the purpose for whih it is made, and whih, in aordane with subsetion (4), is effetive at the date on whih the pay statement is given. (2) A standing statement of fixed dedutions may be amended, whether by addition of a new dedution or by a hange in the partiulars or anellation of an existing dedution, by notie in writing, ontaining partiulars of the amendment, given by the employer to the employee. (3) An employer who has given to an employee a standing statement of fixed dedutions shall, within the period of 12 months beginning with the date on whih the first standing statement was given and at intervals of not more than 12 months thereafter, reissue it in a onsolidated form inorporating any amendments notified in aordane with subsetion (2). (4) A standing statement of fixed dedutions shall beome effetive, for the purposes of subsetion (1), on the date on whih it is given to the employee and shall ease to have effet on the expiration of the period of AT 21 of 2006 Page 21

22 Setion 16 Employment At months beginning with that date, or, where it is reissued in aordane with subsetion (3), the expiration of the period of 12 months beginning with the date on whih it was last re-issued. 16 Power to amend setions 14 and 15 [P1996/18/10; 1991/19/9] The Department may by order vary the provisions of setions 14 and 15 as to the partiulars whih must be inluded in a pay statement or a standing statement of fixed dedutions by adding items to or removing items from the partiulars listed in those setions or by amending any suh partiulars; and vary the provisions of setion 15(3) and (4) so as to shorten or extend the periods of 12 months referred to in those subsetions, or those periods as varied from time to time under this setion. Enforement of rights under Part II 17 Referenes to and determination by Tribunal [P1996/18/11 and 12; 1991/19/10] (1) Where an employer does not give an employee a statement as required by setion 8 or 10 (written partiulars and hanges in terms of employment) or 14 (right to itemised pay statement), either beause he or she gives him or her no statement or beause the statement given does not omply with what is required, the employee may apply to the Tribunal to determine what partiulars ought to have been inluded or referred to in a statement so as to omply with the requirements of the relevant setion. (2) Where a statement purporting to be a statement under setion 8 or 10, or a pay statement, or a standing statement of fixed dedutions, purporting to omply with setion 14 or 15, has been given to an employee, and a question arises as to the partiulars whih ought to have been inluded or referred to in the statement so as to omply with the requirements of this Part, either the employer or the employee may apply to have the question determined by the Tribunal. (3) Where a statement under setion 8 or 10 given by an employer to an employee ontains suh an indiation as is mentioned in setion 10(3), and any partiulars purporting to be partiulars of a hange to whih that indiation relates are entered up or reorded in aordane with that indiation, and Page 22 AT 21 of 2006

23 Employment At 2006 Setion 17 a question arises as to the partiulars whih ought to have been so entered up or reorded, either the employer or the employee may apply to have the question determined by the Tribunal. (4) In this setion, a question as to the partiulars whih ought to have been inluded in a pay statement, or in a standing statement of fixed dedutions, does not inlude a question solely as to the auray of an amount stated in any suh partiulars; in a note under setion 8(5), does not inlude any question whether the employment is, has been or will be ontrated-out employment for the purposes of Part III of the Pension Shemes At 1993 (as that At of Parliament has effet in the Island). (5) Where, on an appliation under subsetion (1), the Tribunal determines partiulars as being those whih ought to have been inluded or referred to in a statement given under setion 8 or 10, the employer shall be deemed to have given to the employee a statement in whih those partiulars were inluded, or referred to, as speified in the deision of the Tribunal. (6) On determining an appliation under subsetion (2), the Tribunal may either () onfirm the partiulars as inluded or referred to in the statement given by the employer, or amend those partiulars, or substitute other partiulars 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 aordane with the deision of the Tribunal. (7) On determining an appliation under subsetion (3), the Tribunal may either onfirm the partiulars to whih the appliation relates, or may amend those partiulars or may substitute other partiulars 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 aordane with the deision of the Tribunal. (8) Where on an appliation under this setion the Tribunal finds that an employer has failed to give an employee a statement in aordane with setion 8 or 10 within 14 days of having reeived a written request from the employee to do so or has failed to give an employee a statement in aordane with setion 14, or that a pay statement or standing statement of fixed dedutions does not, in relation to a dedution, ontain the partiulars AT 21 of 2006 Page 23

24 Setion 18 Employment At 2006 required to be inluded in that statement by setion 14 or setion 15 (i) (ii) (iii) the Tribunal shall make a delaration to that effet; and in the ase of failure to give an employee a statement in aordane with setion 8 or 10 the Tribunal shall order the employer to pay the employee a sum equivalent to 2 weeks pay and may, if it onsiders it just and equitable in all the irumstanes, make an award of up to 4 weeks pay alulated in aordane with Shedule 6 (a week s pay); and in the ase of failure to give an employee a statement in aordane with setion 14 or setion 15, if the Tribunal further finds that any unnotified dedutions have been made from the pay of the employee during the period of 13 weeks immediately preeding the date of the appliation for the referene (whether or not the dedutions were made in breah of the ontrat of employment), the Tribunal may order the employer to pay the employee a sum not exeeding the aggregate of the unnotified dedutions so made. In this subsetion unnotified dedution means a dedution made without the employer giving the employee, in any pay statement or standing statement of fixed dedutions, the partiulars of that dedution required by setion 14 or 15. (9) The Tribunal shall not entertain an appliation under this setion in a ase where the employment to whih the appliation relates has eased unless the appliation was made before the end of the period of 3 months beginning with the date on whih the employment eased, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the appliation to be made before the end of that period of 3 months. 18 Tribunal s duties in ases other than setion 17 (1) This setion applies to proeedings before the Tribunal relating to a laim by an employee or a worker (as the ase may be) under any of the jurisditions listed in Shedule 1. (2) If, in the ase of proeedings to whih this setion applies the employer was in breah of his or her duty to the employee under setion 8 (written statement of initial employment partiulars) or 10 (hanges in terms of employment) when the proeedings were begun, and Page 24 AT 21 of 2006

25 Employment At 2006 Setion 19 the Tribunal finds in favour of the employee, whether or not the Tribunal makes an award to him or her in respet of the laim to whih the proeedings relate, the Tribunal shall order the employer to pay the employee a sum equivalent to 2 weeks pay and may, if it onsiders it just and equitable in all the irumstanes, make an award of up to 4 weeks pay alulated in aordane with Shedule 6 (a week s pay). (3) The Department may by order amend Shedule 1 for the purpose of (i) (ii) adding a jurisdition to the list in that Shedule, or removing a jurisdition from that list; make provision, in relation to a jurisdition listed in Shedule 1, for this setion not to apply to proeedings relating to laims of a desription speified in the order; () make provision for this setion to apply, with or without modifiations, as if (i) (ii) any individual of a desription speified in the order who would not otherwise be an employee for the purposes of this setion were an employee for those purposes, and a person of a desription speified in the order were, in the ase of any suh individual, the individual s employer for those purposes. 19 Offenes [P1991/19/11] (1) If a person without reasonable exuse fails to omply with the requirements of setion 8 (written partiulars of terms of employment), 10 (hanges in terms of employment) or 14 (right to itemised pay statement), he or she shall be guilty of an offene and liable on summary onvition to a fine not exeeding 1,000. (2) If, in a statement under setion 8, 10, 14 or 15 (standing statement of fixed dedutions) or in any doument prepared for the purposes of setion 8(5) or 9(2) (supplementary provisions: setion 8), a person inludes anything whih to his or her knowledge is false in a material partiular, or reklessly inludes anything whih is false in a material partiular, he or she shall be guilty of an offene and liable on summary onvition to a fine not exeeding 2,500. (3) If an employer has failed to give a statement required by setion 8(1) or setion 10(1) within the time limited by the relevant setion then, without prejudie to the bringing of proeedings under subsetion (1), the Department may by notie in writing to the employer require him or her, within a period speified in the notie (not being less than one week from AT 21 of 2006 Page 25

26 Setion 20 Employment At 2006 reeipt of the notie), to make good his or her default, and if the default ontinues after the expiration of that period, the employer shall be guilty of an offene and liable on summary onvition to a fine not exeeding 2,500 and to a further fine of 50 for every day on whih the default ontinues after onvition. (4) Where an offene under this setion is ommitted by a body orporate and is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of, any diretor, manager, seretary or other similar offier of the body orporate, he or she, as well as the body orporate, shall be guilty of that offene and liable to be proeeded against and punished aordingly. (5) Where the affairs of a body orporate are managed by its members, subsetion (4) shall apply in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if he or she were a diretor of the body orporate. 20 Powers of entry et. [P1991/19/12] (1) A person authorised in writing by the Department may enter at all reasonable hours any premises where he or she has reasonable ground for supposing that any persons are employed, and make suh examination and inquiry as may be neessary for asertaining whether the provisions of this Part are being or have been omplied with in respet of any employee. (2) The following persons () the oupier of any premises liable to inspetion under subsetion (1); any person who is or has been employing another; the servants and agents of any suh person as is referred to in paragraph or ; shall furnish to a person so authorised all suh information, and produe for his or her inspetion all suh douments, as he or she may reasonably require for the purpose of asertaining whether the provisions of this Part have been omplied with. (3) For the purposes of this setion the following provisions of the Soial Seurity Administration At 1992 ( as that At of Parliament has effet in the Island), apply as they apply for the purposes of setion 121A(1) of that At (relevant soial seurity legislation) setion 109C(5) (inspetor to produe ertifiate of his appointment if required to do so on applying for admission to any premises), and Page 26 AT 21 of 2006

27 Employment At 2006 Setion 21 setion 111 (delay, obstrution et. of inspetor), with the substitution for referenes to an inspetor of referenes to a person so authorised. (4) In this setion premises does not inlude a private dwelling-house not used by, or by permission of, the oupier for the purposes of a trade or business. PART III RIGHTS ARISING IN COURSE OF EMPLOYMENT Dedutions from wages et 21 Restritions on dedutions et. [P1996/18/13/14/15(3); 1991/19/13] (1) Subjet to suh exeptions as may be presribed by the Department, an employer shall not make any dedution from any wages of any worker employed by him or her or reeive any payment from him or her diretly or indiretly in respet of any employment ageny fee whih the employer is obliged to pay in respet of the employment of that worker and any provision in any agreement to dedut suh fee shall be void. (2) An employer shall not make any other dedution from any wages of any worker employed by him or her unless the dedution is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker s ontrat; or the worker has previously signified in writing his or her agreement or onsent to the making of it. (3) An employer shall not reeive any payment diretly or indiretly from any worker employed by him or her unless the payment satisfies one of the onditions set out in subsetion (2) and. (4) In this setion relevant provision, in relation to a worker s ontrat, means any provision of the ontrat omprised in one or more written terms of the ontrat of whih the employer has given the worker a opy on any oasion before the employer makes the dedution in question, or (where subsetion (2) applies for the purposes of subsetion (3)) before he or she reeives the payment in question, or in one or more terms of the ontrat (whether express or implied and, if express, whether oral or in writing) whose existene and effet, or (as the ase may be) ombined effet, in relation to the worker the employer has notified to the worker in writing on any suh oasion. AT 21 of 2006 Page 27

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