Your basic employment rights
Your relationship with your sponsor/employer and how they treat you, can be crucial to your experience of living and working in Northern Ireland.
Your sponsor/employer must comply with UK law
Your sponsor/employer must comply with UK law, including employment law, and you are entitled to the same employment rights and protections as UK nationals.
In April 2023, the Department of Health published an updated Code of Practice for the International Recruitment of Health and Social Care Personnel. The Code emphasises that recruits to the health and social care sector from abroad have the same employment rights as those recruited from within the UK.
Right to work in a safe workplace
You have a right to feel safe and respected in your workplace. Physical violence, verbal abuse, threats and intimidation – whether by colleagues or employers – are not acceptable. If you suffer violence or racial/sectarian abuse (“hate crime”) in your workplace, you should contact the Police Service of Northern Ireland by ringing 999 for emergencies or 101 for non-emergencies.
Your employer must ensure that your workplace is safe. They should carry out a risk assessment of your workplace, provide you with necessary training and safety information and give you essential protective clothing and equipment free of charge.
You can find out more about protecting your health and safety at work here: Migrant workers: your health and safety – Overview – HSE.
What should I do if I am concerned about my safety at work?
Your employer should provide you with safety guidance about your workplace and advice on how to raise concerns. If they have not done so or have not taken your concerns seriously, you can raise your concerns with the Northern Ireland Health and Safety Executive. The Northern Ireland Health and Safety Executive provides a confidential reporting service, which you can report to anonymously.
You can find information about the Northern Ireland Health and Safety Executive here: Home | Health and Safety Executive for Northern Ireland (hseni.gov.uk)
You are protected in law if you leave work because of a serious and imminent concern about your health and safety. For further information and advice, contact the Health and Safety Executive, your Trade Union or Law Centre NI. Contact details can be found in the Useful Contacts section of this guide.
Right to work free from discrimination
You have the right to work free from discrimination. ‘Discrimination’ means being treated less favourably than another worker because of a ‘protected characteristic’. A ‘protected characteristic’ may be your race/nationality, sex/gender, sexual orientation, age, religion or political belief, gender reassignment, marriage/civil partnership status or disability.
Examples of racial discrimination include the use of racist language, being overlooked for promotion or not being given shifts because of your race or nationality.
If you feel you have suffered discrimination in the workplace, you can contact the Equality Commission on 028 90 500600 or at ECNI – Equality Commission for Northern Ireland (equalityni.org) for advice and assistance.
Your basic employment rights
Your employer must treat you in accordance with Northern Irish employment law . You have the same employment rights and protections as UK nationals. The following guidance provides information about your basic employment rights. For more detailed advice on your employment rights, contact your Trade Union or Law Centre NI.
Statement of particulars of employment
A statement of particulars of employment is sometimes called a ‘contract of employment’. It sets out the main terms and conditions of your employment.
Your employer must give you a statement of the particulars of your employment within two months of you starting work. The statement should include:
- The name of your employer
- The date your employment began
- The scale or rate of your pay
- How often you’ll be paid
- Your hours of work and
- Your terms and conditions of employment, including holiday entitlement, sickness, notice periods, location of work and your pension.
Not all the terms and conditions of your employment are written down in a statement or written contract. Terms and conditions of employment can arise through accepted and frequent use in your workplace and/or your employer’s conduct.
If you are unsure if a policy or practice in your workplace is a term or condition of your employment, seek advice from your Trade Union or Law Centre NI.
Payslips
Your employer is legally required to provide you with a payslip. A payslip is a document that provides information about your rate of pay and deductions from your pay.
Payslips should be provided to you or made easy to access. You should not have to ask your employer for a copy of your payslip.
Pay
Your rate of pay should be provided in your statement of particulars of employment. Your Certificate of Sponsorship will also contain information about your rate of pay.
It is likely to be a condition of your visa that you earn above a certain amount of money in your employment. At the time of writing, applicants for a health and care worker visa will usually need to be paid at least £29,000 per year.
Annual leave and holiday pay
If you work full time, you are entitled to a minimum of 28 days (5.6 weeks) annual leave per year. If you work part time, your annual leave entitlement will be worked out according to the number of days you work. Public holidays in Northern Ireland can be included in your 28 day minimum allocation.
You can calculate your holiday entitlement here: Calculate holiday entitlement – GOV.UK (www.gov.uk).
Sick leave
You are entitled to sick leave from day one of your employment. You can self-certify sickness for the first seven days, after which you will be required to obtain a fit note from a medical professional such as your GP.
Working hours and breaks
There are rules about the amount of time you can work without taking a break and the number of hours you can work in a week.
You should not be required to work more than 48 hours per week unless you agree to do so by signing an ‘opt out’ document.
You are entitled to a rest break of at least 20 minutes if you are working for six hours or more. You are also entitled to a minimum rest break of 11 hours between shifts.
In a working week, you should have at least one 24 hour break or at least one 48 hour break in each fortnight.
Trade unions
As an employee, you have the right to join a Trade Union. A Trade Union can provide advice and assistance on rights at work, including representation at disciplinary and grievance meetings. See the Useful Contacts page for the contact details of several Trade Unions operating in Northern Ireland.