The claimants worked as waiting staff and had short periods of employment. All three were dismissed after objecting to “persistent shortfalls in their wages, late payment and a falsification of their wage slips”. They argued that none of them had been provided with a statement of their terms and conditions during the course of their employment or anytime thereafter.

The tribunal held that the respondent failed to provide this statement for two claimants but not a third who had only been employed for six weeks. However, the EAT disagreed and ruled that an employee who has more than one but less than two months’ service is entitled to such a statement. The third employee was therefore entitled to a statement and an increased award. The EAT also held that the lower tribunal had failed to consider whether the manner, as well as the fact of dismissal, constituted direct race discrimination.

Practical Lessons

The practical effect of this judgment is that employees are entitled to a statement of their employment particulars after one month. The next month is essentially a grace period to allow employers to issue them.  While the exact provision is different, the wording of the Employment Rights NI Order 1996 mirrors the GB legislation. Therefore, there is no reason to suggest that the situation in NI is any different. Of course, employers should always be careful about dismissing anyone for attempting to exercise their statutory right to a written statement of particulars. This will amount to automatically unfair dismissal without a minimum service requirement.
https://assets.publishing.service.gov.uk/media/5c1a04d3ed915d0c736a1efd/Miss_K_Stefanko_and_Others_v_1__Maritime_Hotel_Ltd__in_voluntary_liquidation__2__Mr_N_Doherty_UKEAT_0024_18_OO.pdf