Employment Rights
EMPLOYMENT RIGHTS – LAWYERS HILLINGDON
Employment Rights
All workers, irrespective of whether they are full-time employees, have certain basic rights that are protected by a complex web of statutory law.
Right to an employment contract
As a basic minimum, all workers have the right to receive an employment contract within two months of commencing employment. What is contained in this agreement will further determine the rights one has, although the law will imply terms into the contract to make sure certain basic rights are upheld. What this means is that any term in the contract that does not break the threshold for a certain right will be considered invalid. If the contract gives rights beyond the requirements of statutory law, then the employer will be bound to uphold them. If he doesn’t it will be treated as a breach of contract, although as with any statutory breach, the initial mode of legal redress will be through an employment tribunal
Basic rights
Every worker is entitled to the National Minimum Wage, which varies according to the worker’s age and employment status. In general, anyone aged over 21 is entitled to receive £5.93 per hour worked. The rate changes every year and new categories (apprentice NMW, for example) are occasionally introduced, so make sure you are getting what you are entitled to.
Full-time employees are entitled to at least 28 days of holiday per year. Bank holidays can be included in this statutory entitlement, although employers can give these in addition to 28 days if they wish (and are kind enough to do so!). The entitlement of part-time employees is calculated on a pro rata basis i.e. the amount of hours/days worked will determine the amount of holidays you get.
Under Health and Safety regulations, employees do not have to work longer than 48 hours a week. They can choose to work longer than 48 hours per week so long as this choice is not made under pressure from the employer.
Pay slips
From the day an employee starts work, he or she is entitled to receive an itemised pay slip. The pay slip will give basic details as to the amount of hours the employee has worked, the pay he has received and any tax deductions/contributions to National Insurance that have been made.
Time-off/leave for other reasons
All employees are entitled to time-off for trade union duties (this does not have to be paid); paid maternity and paternity leave (please see our maternity leave article); the right to unpaid parental leave if the employee has worked for one year or longer or there is an emergency situation involving their children; the right to have time-off to look for work if in the process of being made redundant and the right to time-off for training if aged 16-17.
Dismissal
All employees who have worked for their employer for one month or longer are entitled to notice if dismissed. Notice requirements vary according to the original employment contract and certain statutory minimums.
Employees are entitled to written reasons for their dismissal if they have worked for their employer for one year or longer, although any worker dismissed whilst on maternity leave or pregnant will be entitled to reasons irrespective of the length of time they have worked.
There are various ways in which an employee can automatically have been considered to have been unfairly dismissed. If, for example, a worker takes part in industrial action and is dismissed as a result, this will be classed as unfair dismissal. Or, if an employee has been subject to workplace harassment and is dismissed on the basis of any legitimate complaints he has made, this will be considered as unfair dismissal
This article has been put together to give you a very general idea of the basic rights you have as a worker. To get a fuller picture of the rights you have, you might want to refer to other relevant articles on maternity leave or workplace bullying, for example. Whilst we genuinely hope it has been of use to you, please bear in mind it is no substitute for personal legal advice from a professional solicitor.