An interesting issue arose in a case ADJ-00027463.

One of the claims related to the issue of not receiving a Contract of Employment or more properly a statement under Section 3 of the Terms of Employment (Information) Act.

The approach of the Adjudication Officer in dealing with the defence of the employer was precise and accurate.

In that case, the Adjudication Officer stated;

“The respondent’s suggestion that because the complainant was a manager, she should have drafted her own terms and conditions of employment is a nonsense.  The legislation is clear and unambiguous.  The obligation to give a written statement of terms to an employee is on the employer and nobody else”.

This is a very helpful statement. 

What is does however indicate is that there is a significant misconception by some employers as to their role in providing a Contract of Employment.

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.

Richard Grogan

Author Richard Grogan

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