Simon working in retail banking asks "I have been working in my job for the last 8 months but I have never received a contract of employment. Is this right?"
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In ROI
You must receive a written statement of 5 core terms within 5 days of starting your job:
The full names of the employer and employee.
The address of the employer.
The expected duration of the contract (if the contract is temporary or fixed-term).
The rate or method of calculating pay and the pay reference period e.g. weekly, fortnightly or monthly.
What the employer reasonably expects the normal length of your working day and week to be, in a normal working day and in a normal working week.
You must receive a written statement of the remaining terms of employment (your contract) within 2 months of starting work:
The place of work.
The title of the job or the nature of the work.
The date the employment started.
Pay intervals (for example, weekly or monthly).
Any terms or conditions relating to hours of work (including overtime).
Paid leave (other than sick leave), including annual leave and public holiday entitlement.
Sick pay.
Pension and pension schemes.
Period of notice to be given by employer or employee.
Details of any collective agreements that may affect your terms of employment.
The employer must sign and date the statement of terms, but there is no requirement for the employee to sign it. The employer must keep a copy during the period of your employment and for at least a year after it ends.
In NI
Hi Simon, no it’s not right. By law, your employer must give you a written statement of your terms and conditions of employment within two months of starting work.
This is often called the “written statement of employment particulars” and it’s not the full contract, but it sets out the basics like:
Your job title
Start date
Pay and hours
Holiday entitlement
Notice periods
Sick pay arrangements
Disciplinary and grievance procedures
So after 8 months, you should definitely have received this. Not giving it to you is a breach of employment law under the Employment Rights (Northern Ireland) Order 1996.
Even if you haven’t got anything in writing, you still have rights. Your contract exists through what’s been agreed verbally or through custom and practice, but without it in writing, it’s harder to enforce if there’s a dispute.
You should:
Ask your employer in writing to provide your written terms
Keep a copy for your records
Speak to your union rep if they don’t respond or fob you off
If they continue to ignore it, you may be able to bring a claim to an industrial tribunal, especially if a separate issue (like pay or dismissal) comes up.