Workers in Northern Ireland being denied basic Employment Rights

A new report launched today by Citizens Advice, shows that clients are consistently being denied basic employment rights, such as holiday pay and leave, maternity and paternity rights, rest breaks and the National Minimum Wage.   

The report, In the Dark, has found that many workers are unaware of their statutory employment rights and how to enforce them.   As the onus is on the worker, not the employer, to claim their rights under the law, it is vital that these rights are publicly promoted. The lack of terms and conditions of employment, which should be provided within two months to an employee starting work, is one of the most frequent problems brought to local CAB offices.

Derek Alcorn, Chief Executive of Citizens Advice Northern Ireland, said,

“This report recommends a public information and education programme for workers and employers on employment rights, more support for employers to help them meet their legal obligations, and arrangements for compliance and enforcement similar to those which have been made for the Minimum Wage. What we are describing today is a significant problem across Northern Ireland.”

Speaking at the launch, Sir Reg Empey, Minister for Employment and Learning, said,
“I welcome today’s report.  It provides a useful contribution to the debate around employment rights.  Employees deserve clear information that will help them understand and benefit from their statutory entitlements.  Employers have also been telling us loudly and clearly that more needs to be done to help them understand and implement their responsibilities.  My Department is committed to working with organisations like Citizens Advice, as well as the trades union movement and employer bodies to address the knowledge gap highlighted by this study.”

Sue Ramsey, Chair, Employment and Learning Committee, said,
“Members of the Committee frequently hear from constituents about being denied basic employment rights. The Committee wants to reach out to the general public to help them get what they are entitled to from employers. We want to work with the Minister and his department to ensure that people know their rights at work and to ensure that employers actively publicise and support their workers’ entitlements under law. The Committee is particularly concerned about migrant workers and the lowest paid workers whose voices are often not heard.”

A CAB client had been working for her employer for 4 years and during 3 years of that time has only received 1 weeks holiday pay.  She complained about this and was then disallowed holiday pay completely.  This client has suffered numerous breaches of her employment rights – she received no itemised payslips, she has had no written statement of her terms and conditions of employment and she has not received her correct rest breaks or holiday pay.  The CAB adviser provided the client with information about her employment rights and how to approach her employer about enforcing them.

A young hairdresser complained to the National Minimum Wage Helpline that her employer failed to pay the NMW.  The Belfast city centre salon, though providing training, failed to pay the NMW even when their apprentices turned 19 years of age.  The complaint was passed to the HMRC Compliance Unit who following a lengthy review identified 12 young workers who were underpaid.  The workers received arrears of wages totalling £15,943.