Basic roghts @ work
Rights at work
Your rights at work will depend on:-
your statutory rights, see below; andyour contract of employment, see below.
Your contract of employment cannot take away rights you have by law. So if, for example, an employee has a contract which states they are only entitled to two weeks paid holiday per year, when by law all employees are entitled to four weeks paid holiday per year, this part of the contract is void and does not apply. The right the employee has under law (to four weeks holiday in this case) applies instead.
If your contract gives you greater rights than you have under law, for example, your contract gives you five weeks paid holiday per year, then your contract applies.
Statutory rights
Statutory rights are legal rights based on laws passed by Parliament.
Nearly all workers, regardless of the number of hours per week they work, have certain legal rights. There are some workers who are not entitled to certain statutory rights (see below).
Sometimes an employee only gains a right when they have been employed by their employer for a certain length of time, and when this applies, the length of time before the employee gains the right is listed below. Statutory rights which all employees have (except those who are not covered - see below) are:-
the right to a written statement of terms of employment within two months of starting work, (see under heading Written statement of the main terms and conditions of employment )
the right to an itemised pay slip. This applies from the day the employee starts work.
For more information see, Rights to pay
the right to be paid at least the national minimum wage. This applies from the day the employee starts work.
For more information see, Rights to pay
the right not to have illegal deductions made from pay. This applies from the day the employee starts work.
For more information see, Rights to pay
the right to at least four weeks paid holiday per year (see under heading Holidays and holiday pay )
the right to time off for trade union duties and activities. This applies from the day the employee starts work. The time off does not necessarily have to be paid. Employees also have the right to be accompanied by a trade union representative to a disciplinary or grievance hearing. If an employee takes part in official industrial action and is dismissed as a result, this will be an automatically unfair dismissal
the right to paid time off to look for work if being made redundant. This applies once the employee has worked for two years for that employer (see under heading Time off work )
the right to time off for study or training for 16-17 year olds. This applies from the day the employee starts work (see under heading Time off work )
the right to paid time off for ante natal care. This applies from the day the employee starts work, (see under heading Time off work )
the right to paid maternity leave of 18 weeks and the right to return to work after this maternity leave. This applies from the day the employee starts work. If you have worked for two years or more for your employer, you will be entitled to additional maternity leave (see under heading Time off work )
the right to take unpaid parental leave for both men and women (if you have worked for the employer for one year) and the right to reasonable time off to look after dependants in an emergency (applies from the day the employee starts work) (see under heading Time off work )
the right under Health and Safety law to work a maximum 48 hour working week. This applies from the day the employee starts work (see under heading Health and safety )
the right under Health and Safety law to weekly and daily rest breaks. This applies from the day the employee starts work. (see under heading Health and safety ). There are special rules for night workers
the right not to be discriminated against on grounds of sex, race or disability. This applies from the day the employee starts work (see under heading Harassment and discrimination ). In Northern Ireland, the right not to be discriminated against because of your religion
the right to notice of dismissal, provided you have worked for your employer for at least one calendar month
the right to written reasons for dismissal from your employer, provided you have worked for your employer for one year. Women who are pregnant or on maternity leave are entitled to written reasons without having to have worked for any particular length of time
the right to claim compensation if unfairly dismissed. In most cases you will have to have worked for one year to be able to claim unfair dismissal
the right to claim redundancy pay if made redundant. In most cases you will have to have worked for two years to be able to claim redundancy pay
the right not to suffer detriment or dismissal for ‘blowing the whistle’ on a matter of public concern (malpractice) at the workplace. This applies from the day the employee starts work (see under heading Whistle-blowing at work )
the right of a part-time worker to the same contractual rights (pro-rata) as a comparable full-time worker
the right of a fixed term employee to the same contractual rights as a comparable permanent employee.
You may also have additional rights which may be set out in your contract of employment. In particular, a part time worker’s contract should be checked.
If in doubt about whether or not you have any statutory rights you should consult an experienced adviser, for example, at a Citizens Advice Bureau, To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
Workers not entitled to certain statutory rights
Some workers are not entitled to some statutory rights (see under heading Rights at work ). They are:-
anyone who is not an employee, for example, an agent or freelance worker. However, some workers are entitled to certain rights such as the national minimum wage, limits on working time and other health and safety rights
If you are not an employee but an agency/freelance worker, a casual worker, a trainee or self employed, you should seek help from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
employees who normally work outside the UK
members of the police service. However, members of the police service are covered by discrimination law
members of the armed forces. However, members of the armed forces are covered by discrimination law
merchant seamen and share fishermen
workers in the transport industry, including office staff working for a transport firm, are not entitled to paid holidays or limits on their working hours by law and have to rely on their contract
trainee doctors are not entitled to paid holidays or limits on their working hours by law and have to rely on their contract.
Rights under the contract of employment
The contract of employment is the agreement made between the employer and the employee. This could be in the form of a written agreement or what has been agreed verbally between them.
In addition, the contract of employment will also include ‘custom and practice’ agreements. These are how things are usually done in the workplace, for example, if the employer always gives the employees a day’s holiday in August. Even though this is not mentioned in the written contract this will form part of the contract of employment as it is the usual practice.
If the written contract says one thing, but in practice all the employees have been doing something else with the employer’s knowledge, the ‘custom and practice’ would form the contract rather than the written statement.
A trade union may have negotiated an agreement with an employer about conditions at work. The negotiated agreement will often form part of a contract of employment, particularly if the conditions negotiated are more favourable than the previous ones.
Illegal contracts of employment
Some contracts of employment will be illegal if:-
the employee gets all or part of their wages as ‘cash in hand’; and
tax and national insurance contributions are not paid; and
the employee knows they are getting paid in this way to avoid paying national insurance and tax.
For more information on contracts of employment see Employment status and contracts of employment .
Written statement of the main terms and conditions of employment
All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment.
The statement must give details about:-
job title
wages
hours of work
holiday entitlement
sick pay
pension schemes
notice
grievance procedure.
For more information on the written statement of terms and conditions see Employment status and contracts of employment .
Wages
There are a number of statutory rights associated with wages.
For information about wages including information about the national minimum wage, illegal deductions from wages and rights to a pay slip, see Rights to pay .
Holidays and holiday pay
Nearly all workers are entitled by law to four weeks' paid annual leave per leave year. There are some workers who are not entitled to paid holiday.
For more information about holidays and holiday pay, see Holidays and holiday pay .
Bank holidays
Unless your contract of employment gives you bank holidays in addition to your four weeks' statutory paid holiday, bank holidays are included when calculating the four weeks' holiday. So if, for example, you have five days off in a year for bank holidays, and you do not get these bank holidays in addition to statutory holiday, you will be entitled to these five days plus another three weeks of holiday.
For more information about the dates of bank holidays, see Bank and public holidays.
Lay offs and short time working
If your employer has no work for you to do, they may put you on short-time working or lay you off.Short-time working means you will receive only part of your normal wage. If you are laid off, you will not usually get paid. A person who is laid off or put on short-time working may be entitled to a payment from their employer, called a ‘guarantee payment’.
If you have been laid off or put on short-time working you should consult an experienced adviser about the benefits and other payments you may be entitled to, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
Sickness
Many employees will be entitled to statutory sick pay if they are off work due to sickness. In addition, some employees may receive occupational sick pay from their employer but this will depend on their contract of employment.
For more details about statutory sick pay, see Benefits for sickness and disability .
Time off work
Almost all employees have a statutory right to take paid time off work for the following:-
to carry out duties as a trade union official
to carry out duties as a trade union health and safety representative
to look for work if faced with redundancy
to receive ante-natal care
to have a baby
For more information about maternity rights, see Maternity rights at work .
to study or train for employees aged 16-17
In England and Wales, for more information about young people’s right to time off for study/training, see Young people: education and employment .
In addition almost all employees have a right to take time off work, although not necessarily with pay, for the following:-
to participate in trade union activities
to perform ‘public duties’, for example, being a JP, local authority councillor or school governor
to care for their children. People who have worked for their employer for one year have the right to 13 weeks’ unpaid parental leave. Generally, leave must be taken before a child is five years old
to attend to unexpected problems with dependants, for example, where child minding arrangements break down. A dependant includes anyone who reasonably relies on the employee
If you have a query about your rights to time off work, or a problem arises in relation to these rights, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
Health and safety
All employers have a statutory duty to take care of the health and safety of all their employees, for example, they should provide first aid equipment, and adequate means of escape in case of fire, protective clothing and ensure all machinery is safe.
In addition, there are specific rules which cover the following:-
cleanliness
noise
machinery
lifting and carrying heavy weights
hazardous substances
toilets
washing facilities
drinking water
seating
first aid facilities
temperatures
hours and rests. Nearly all workers have the right not to have to work for more than 48 hours on average, a week. Night workers cannot work an average of more than eight hours in each 24 hour period. Workers aged 18 and over (adult workers) are entitled to one day off each week. Workers aged 16-18 (adolescent workers) are entitled to two days off each week. Adult workers are entitled to eleven hours consecutive rest per day, and a minimum 20 minute rest break if their working day is longer than six hours. Adolescent workers are entitled to 12 hours consecutive rest per day, and a minimum 30 minute rest break if they work for longer than four and a half hours
computers.
The Health and Safety Executive has launched a website for workers at www.hse.gov.uk/workers . This provides information on workers' rights and responsibilities. The HSE also has an information line (08701 545500). In Northern Ireland, the HSENI have an information and advice line (0800 0320121).
If you believe your workplace is unsafe or unhealthy you should contact the local Health and Safety Executive or the local authority’s environmental health department.
Harassment and discrimination
It is unlawful to discriminate against a person at work because of their:-
sex
race
disability
colour
nationality
ethnic or national origin
religion (in Northern Ireland).
Discrimination can be either direct or indirect. Direct discrimination occurs when a person is treated less favourably at work because of their sex, race or disability. For example, if an Asian employee is not selected for promotion because they are black, this is direct discrimination.
Indirect discrimination occurs where a particular employee cannot meet a requirement which is not justifiable in terms of the work and they are at a disadvantage as a result, for example, if the employer only gives training to full-time workers, this would indirectly discriminate against women, as most part-time workers are women.
Another form of discrimination is harassment, which can include verbal abuse, suggestive remarks and unwanted physical contact.
For information about dealing with race discrimination, see Taking action about race discrimination .
For information about dealing with sex discrimination, see Taking action about sex discrimination .
For information about dealing with disability discrimination, see Using the Disability Discrimination Act .
Harassment/discrimination on grounds of age, religion or sexual orientation
There is no specific law to protect someone who is being discriminated against/harassed on the grounds of their age or sexual orientation. In England, Wales and Scotland there is no specific law to protect someone who is discriminated against on the grounds of their religion – there is such a law in Northern Ireland. It may be possible to argue that discrimination on the grounds of sexual orientation is sex discrimination.
For more information, see Taking action about sex discrimination .
If you are suffering discrimination or harassment because of your age, religion or sexual orientation you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
Equal pay
A form of unlawful discrimination occurs where a female or male employee is paid less than an employee of the opposite sex for doing the same or similar work.
Trade unions
An employee has the right to join a trade union, and should not be refused a job, dismissed, harassed or selected for redundancy because they are a member of or wish to join a trade union.
An employee also has the right not to join a trade union if they wish, and should not be refused a job, dismissed, harassed or selected for redundancy because they refused to join.
A member of a trade union has the right to take part in trade union activities, for example, recruiting members, collecting subscriptions and attending meetings. Any form of industrial action, for example, going on strike, is not considered a form of trade union activity.
Trade union activities must take place either outside the employee’s normal working hours or at a time agreed with the employer. An employee has no right to be paid for this time off work unless their contract allows for this.
You can get further information and advice about trade unions from the Trades Union Congress, at one of the following addresses:-
England and Wales
TUC
23-28 Great Russell Street
London WC1B 3LS
Tel: 020 7636 4030
Scotland
Scottish TUC
16 Woodlands Terrace
Glasgow G3 6OF
Tel: 0141 332 4946
Northern Ireland
Irish Congress of Trade Unions
3 Crescent Gardens
Belfast BT7 1NS
Tel: 028 9024 7940
Whistle-blowing at work
There is some protection for workers who are concerned about malpractice at work and who publicly disclose information about their employer’s activities. This is called ‘whistle-blowing’. The information disclosed must relate to:-
a criminal offence
a failure to comply with a legal obligation
a miscarriage of justice
a health and safety issue
damage to the environment
an attempt cover up any of the above.
Further information and help with cases of public disclosure is available from:
Public
Concern at work
Suite 306
Baldwin Gardens
London EC1N 7RJ
Tel 020 7404 6609
Fax 020 7404 6576
Email: whistle@pcaw.co.uk
Website: www.pcaw.co.uk
In Scotland information is available from:-
Public Concern at Work – Scottish Office
Wellpark Enterprise Centre
120 Sydney Street
Glasgow G31 1JF
Tel: 0141 550 7570
Fax: 0141 550 7571
Email: scot@pcaw.co.uk
Helpline: 0141 550 7572
Surveillance at work
Employers have the right to monitor their employees’ activities in the following ways:-
postal communications
telephone calls
faxes
emails
internet use
by CCTV use.
Surveillance is only permitted by law if:-
the monitoring is relevant to the employer’s business
the telecommunications system is provided for use partly or wholly in connection with the employer’s operation
the employer has made all reasonable efforts to inform users that their communications will be intercepted.
Ideally, an employer should have a code of conduct or policy about surveillance. If it has been agreed with the employees, it will form part of the contract of employment and can be the basis for disciplinary action.
If you believe that your employer has been monitoring your communications in a way which is not permissible, there are a number of ways in which you can challenge this.
To challenge surveillance in the workplace, you will need expert advice and should initially consult a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
Notice of dismissal
Most employees have a legal right to a period of notice if dismissed. Many employees will have extra rights to notice under their contract of employment. There will always be a contract of employment, even if there is nothing written down. Even if the law or your contract of employment does not give you the right to a minimum amount of notice, you are still entitled to 'reasonable' notice.
Who has no legal right to minimum notice
The law does not give the following employees the right to a minimum period of notice – but see also under heading 'Reasonable' notice :-
those employed for less than one calendar month by their employer. From 1 October 2002, the law gives some employees on fixed-term contracts who have worked for their employer for one month, the right to notice
crown servants
seamen employed on a ship registered in the United Kingdom under a crew agreement
employees who have been dismissed for gross misconduct.
If you have been accused of gross misconduct, you may wish to make a claim to an employment tribunal. There is a strict time limit for doing so. You should consult an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB .
If you have no legal right to notice, you will still be entitled to 'reasonable' notice or the notice your contract gives you. For more information about 'reasonable notice', see under heading 'Reasonable' notice . However, if you have been dismissed for gross misconduct, you will not be entitled to any notice under your contract, or any 'reasonable' notice. For this reason, it is important to check the real reason for the dismissal.
How much notice should you get
The law gives all employees the right to a minimum amount of notice, except those listed under the heading Who has no legal right to minimum notice . This period of notice is:-
one week for employees who have worked for their employer for one month but less than two years; or
two weeks if the employee has worked for their employer for two whole years; and
one extra week for each further whole year's employment at the date the notice period expires, up to a maximum of twelve weeks' notice in total.
Contractual notice
Your contract of employment may give you more notice than the minimum the law gives you. However, you can never get less that the minimum, no matter what your contract says.
If your contract does not specify a period of notice, you may still have the right to a minimum period of notice because of custom and practice. For example, if everyone who works for your firm has always been given at least three weeks' notice, you would have the right to this much notice.
'Reasonable' notice
If the law does not give you the right to notice, and there is no notice period in your contract (whether written, spoken or through custom and practice), you will still be entitled to 'reasonable' notice. What is reasonable will often depend on your pay period. For example, if you are paid weekly, you could argue that a week is reasonable, and if you are paid monthly, you could argue that a month is reasonable.
If you think you should be entitled to reasonable notice, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB .
How much notice is an employer entitled to
The notice you should give your employer before resigning should be in the contract. If your contract does not say how much notice you must give your employer then, if you have worked for one month or more, the minimum notice you should give is one week. If you have worked for less than one month, the notice period should be reasonable. See under heading 'Reasonable' notice .
If your contract says you must give your employer more notice than this, you must give the amount of notice in your contract. Your contract may set out how much you must give, whether it must be written, and/or when you should give it.
If an employer withholds money owed because you gave incorrect notice
If you leave your job without giving proper notice, your employer may try to withhold part or all of the money owed to you. In general, employers are not legally entitled to withhold money owed.
If this happens, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB .
Are you entitled to be paid in your notice period
If you work your normal working hours in your notice period, you are entitled to be paid your normal pay.
You may not be able to work during the notice period because you are:-
willing to work but is given no work to do
on holiday
off work through sickness or injury.
If you do not work during the notice period for one of the reasons above, the law says you should usually still get your normal wage. However, there is an exception to this rule. If your contract gives you at least one week's notice more than the law gives you, you lose your legal right to be paid during the whole of the notice period.
If you are in this position, you should consult an experienced adviser, for example, at a Citizen's Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB .
Pay in lieu of notice
If your employer has dismissed you without giving you notice that the law or your contract says they should have, the employer should pay you in lieu of notice. ‘In lieu’ means ‘instead of’. This is also called severance pay. The only exception to this is when you have been dismissed because of gross misconduct.
The amount of pay in lieu of notice you should get will depend on how much notice your are entitled to. You should get pay in lieu at the rate of your normal wages. For example, if you are entitled to four weeks' notice, but are only given one, you will be entitled to three weeks’ pay in lieu of notice. You may be entitled to more than this, depending on what your contract says.
People often have problems with notice of dismissal. These are often to do with notice and sickness, maternity leave and holidays. If you are experiencing problems with notice, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB .
Sunday working (England, Wales and Northern Ireland only)
Shop-workers (including betting shop workers) in England, Wales and Northern Ireland have certain rights if they are asked to work on Sundays.
Employees of a catering business do not count as shop-workers and are not protected from having to work on Sundays. This includes employees of pubs, restaurants and cafes.
Shop-workers have the same rights to limits on hours of work and entitlements to rest breaks, under Health and Safety law, as other workers (see under heading Health and safety ).
Shop-workers who started working for their employer before 26 August 1994 (4 December 1997 in Northern Ireland)
If you are a shop-worker, and you started working for your employer before 26 August 1994 (4 December 1997 in Northern Ireland) you are called a protected shop-worker. If you do not wish to work on Sundays you do not have to, and if your employer tries to dismiss you because you refuse to work on Sundays, you can automatically claim unfair dismissal at an employment tribunal (industrial tribunal in Northern Ireland). This is regardless of how long you have worked for your employer, of whether you work full-time or part-time and of how old you are.
For more information, see Dismissal .
If you are a protected shop-worker you must not be treated unfairly by your employer because you do not wish to work on Sundays. If you are being treated unfairly by your employer because you do not wish to work on Sundays, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
Shop-workers who started working for their employer after 26 August 1994 (4 December 1997 in Northern Ireland)
If you started working for your employer after 26 August 1994 (4 December 1997 in Northern Ireland), you are not a protected worker.
If you are in this position you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .
