Isle of Man Government Crest

MIRS

Manx Industrial Relations Service
Manx Industrial Relations Service

Frequently Asked Questions

Q Does the Isle of Man have the same employment legislation as the UK?
ANo. The Isle of Man has its own legislation regarding employment issues most of which are contained within the Employment Act 2006, the Redundancy Payments Act 1990, the Employment (Sex Discrimination) Act 2000 and the Minimum Wage Act 2001.
Q Can I obtain copies of the Island's employment legislation and other relevant documents?
AYes. Copies of all legislation, amendments, regulations and codes of practice may be purchased from the Tynwald Library, Government Office, Bucks Road, Douglas, Tel. 01624 685520
Q Are there any guides available on various employment legislation issues?
AYes. Guides are available on the more commonly raised issues, and these can be obtained from the Manx Industrial Relations Service, 5th Floor, Victory House, Prospect Hill, Douglas. They are also available in the "Guides" section of this website and if you contact us, we are happy to discuss any questions you may have, in confidence by email, by phone or in person. The Department for Economic Development (DED) on the Isle of Man also has available a useful guide called " Isle of Man Employment Rights: A Guide for Employers, Employees and Workers".
Q Does the Island automatically adopt new U.K. Employment Legislation such as The Working Time Regulations or Minimum Wage?
ANo. The Island's Parliament introduces legislation which it considers to be appropriate for the Island. The Working Time Directive does not apply here although some employers use it as an example of best practice. We do have our own minimum wage legislation (see below).
Q What discrimination legislation is there on the Island?
A Isle of Man employment legislation provides for protection against dismissal on the grounds of sex, race, religion and sexual orientation. The Employment (Sex Discrimination) Act 2000 has provisions relating to equal pay, direct and indirect discrimination. More information about Equality and Discrimination can be found on the official IOM Government website.
Q What about Maternity Leave?
A All women are able to take 26 weeks unpaid, ordinary maternity leave. Those women who have at least 26 weeks qualifying serivce at the 14th week before the expected week of childbirth are able to take a further 26 weeks unpaid, additional maternity leave. To be entitled to this, women have to give employer certain periods of notice . A summary of these rights and responsibilities is available on the official IOM Government website. The legislation also provides for paid time off to attend antenatal care, health and safety during and after pregnancy, annual leave, the right to return to work, protection from detriment (less favourable treatment) and against unfair dismissal.
Q What payments will a woman receive from her employer whilst on maternity absence?
AThere is no obligation for an employer to make payments to an employee who is off work during maternity leave. Some employers agree through the contract of employment to make payments. Employees who are eligible may receive a maternity allowance from the Department of Social Care for up to 39 weeks while they are absent from work. Enquiries regarding this allowance should be made directly to the Isle of Man Department of Social Care, Markwell House, Market Street, Douglas on 01624 685105. The Department of Social Care website explains who is entitled and how to claim Maternity Allowance. Some annual leave continues to accrue during both OML and AML but it can be lost if not taken. See para 4.9 of this Guide for more inforamtion.
Q Is there any right to Paternity Leave?
A There is a right (as long as you comply with certain conditions) to take up to two weeks unpaid paternity leave as long as you have 26 weeks qualifying service at the 15th week before the expected week of childbirth. This leave has to be taken as either a one week period or as two consecutive weeks in the 56 days following the baby's birth. More information is available in the Dept for Economic Development Guide on Paternity Rights. Those employees taking paternity leave may also be entitled to claim Paternity Allowance from Dept of Social Care.
Q I am adopting a child - what rights do I have?
AFor adoptions, parents will be able to take time off on a similar basis to maternity and paterntiy leave. There are certain conditions that need to be complied to claim this leave and these are covered in the guide produced by the Dept of Economic Development on Adoption Rights . Adoptive parents may also be able to claim Adoption Allowance from Dept of Social Care.
Q Where can an employee take a complaint about a breach of statutory employment rights?
AThe Island has its own Employment Tribunal and claims must be presented within strict time limits. Initially enquiries can be made to the Manx Industrial Relations Service on 01624 672942 or by email to iro@ir.gov.im.
Q What holidays is an employee entitled to by law?
A The Annual Leave Regulations 2007 provide for workers to have a minimum of four week paid holiday a year. The four weeks can include some or all of the bank holidays if you are not required to work on these days but still get paid. The conditons about paid holiday should be clearly set out in the written statement of terms and conditions of employment which most employees are entitled to receive within four weeks of starting work. More information about paid holidays is available.
Q Are employees automatically entitled to a day off for Bank and Public Holidays?
AThere is no legal entitlement to time off with or without pay on Bank or Public Holidays but whatever arrangements do exist should be set out in the written statement of terms and conditions of employment. There are 10 Bank Holidays each year in the Isle of Man.
Q Does the Isle of Man have a minimum wage?
AYes. From October 2008, the rate for workers aged 18 was £6.00 per hour. £5.24 per hour for those aged 17 to 18 and £4.67 per hour for people aged over 16. No increase was applied in 2009. From 1st April 2010, the rate for workers aged 18 and over increased to £6.10 per hour and the other rates remain unchanged. From 1st November 2011, the rate for workers aged 18 is £6.20 per hour. From 1st October 2013, the rate for workers aged 18 and over increased to £6.40 per hour and the other rates remain unchanged.Different provisions apply to genuine apprentices under the age of 25.
Q Are employees automatically entitled to breaks?
AOnly shop workers have specific legislation which states they cannot be required to work for more than 5 hours without a break of ½ hour. For more than 10 hours in any period of 24 of more than 44 hours in any week. They can of course work longer than this if they are willing to do so. There is no legislation specifiying working hours in respect of pther employees, but an employer has to be aware of any health of safety implications when requesting employees to work longer hours. If an accident or incident was to arise, which was attributable to long hours of working, the Health and Safety Inspector may make enquires as to whether there had been a risk assessment in respect of the hours worked. Please refer to our News Section for more information or for advice regarding "best practice", please contact us.
Q Should an employee have a written record of Terms and Conditions of Employment?
AMost employees are entitled to receive from their employer within 4 weeks of starting work, a written statement of the main terms and conditions of employment. This should set out such items as who the parties are, job description, rates of pay, when and how payment will be made, details of paid holiday entitlement and any conditions, whether or not sick pay is paid, what the normal hours of work will be, how to raise a grievance etc. When an employee has been unable to get a written statement of terms and conditions of employment they can contact us directly. Under the Employment Act 2006, if an employer fails to provide a written statement after the employee has made a written request for one, the employee will be able to make a claim to the Employment Tribunal who may make an award of between two and four weeks pay. A copy of our booklet on Preparing Written Statements can be viewed by clicking here.
Q If an employee is being made redundant would they be entitled to a payment from the employer?
A When a person is being made redundant they should receive notice that their employment is going to end. The amount of notice will either be the minimum period defined in the Employment Act 2006 or that stated in the written statement, whichever is the greater. Additionally, people being made redundant who have at least 2 years service, are likely to be able to qualify for redundancy payment. Employers may be eligible to seek a rebate of some of this redundancy payment. Redundancy can be a delicate issue and the rules surrounding are slightly complicated. Our guide, provides useful information but please contact us in strict confidence,if you wish to discuss the matter or need further information.

And finally............

These questions are designed to give you some information about certain topics but they are not intended to fully answer every query. We are happy to talk to employers and employees on any employment issue in total confidence. Please feel free to contact us directly - we do not charge for our service.

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