The Rights
Most rights conferred by legislation are subject to a qualifying period and until employee/worker has the requisite length of service then they do not qualify for the protection.
All statutory rights can be enhanced by a company, but they cannot be diminished – i.e. a company can provide more than the minimum requirements but not less.
The list below outlines the most common statutory rights – it should not be taken as exhaustive and the definitions are for guidance only. In most cases there are rules relating to how any particular right should be applied for and granted.
Pre-Employment:
- Discrimination
All discrimination legislation protects those seeking employment. This means that companies must ensure that their recruitment procedures, etc, are transparent and free from any potentially discriminatory bias.
- Contractual rights following receipt of an offer letter
Once an individual has received a written offer of employment, that offer letter could be construed as a contract. Any subsequent breach of that letter (e.g. by withdrawing the job offer) could be pursued as a breach of contract.
From Day 1
- Wages - Lawful & Unlawful Deductions from Pay
This is the right not to suffer any unlawful deduction from salary.
- National Minimum Wage (NMW)
The right to be paid an amount at least equivalent to the hourly pay rates published each year.
- Itemised Pay Statements
The right to receive a clearly set out pay statement, identifying all payments and deductions.
- Statutory Paid Annual Leave
The right to receive 4.8 weeks paid annual leave in a leave year (to include Public/Bank Holidays).
- Maternity / Paternity / Adoption rights
There are numerous rights under this heading relating to time off, pay, dismissal and the preservation of contractual provisions.
- Time off to Care for Dependants
The right to reasonable unpaid time off to care for a dependant in an ‘emergency’.
- Statutory Discipline, Dismissal & Grievance Procedures
Minimum standards relating to how an employer should dismiss an individual or treat a grievance.
- Display Screen Equipment rules
Rights conferred on DSE users to allow them sufficient breaks from their work.
- 48 hr Rule
The right not to have to work more than 48 hour per week on average (unless the employee has chosen to opt out of this).
- Rest Breaks & Rights for Night Workers
The WTR sets out minimum rest breaks and rights for those individuals classified as night workers.
- Redundancy Rights (but not Redundancy Pay)
Rights to time off work for job interviews and minimum periods of consultation for employees who are going to be made redundant.
- Breach of Contract
The right to claim that a contract has been breached if an employee has been dismissed.
- Right to be Accompanied at a formal disciplinary and/or grievance hearing
The right to be accompanied by a work colleague or a certified officer of an independent trade union.
- Part Time Workers Regulations
The right not to be ‘discriminated against’ purely because the employee works part time.
- Fixed Term Contract Regulations
Provisions allowing those employed on fixed term contracts to have similar rights to permanent employees.
- Human Rights Act……if you are a public service
Rights too numerous to mention, including the right not to suffer from torture!!!
- Equal Pay & Discrimination
The right not to suffer from discrimination on the grounds of…….. (sex, race, etc).
- Assertion of Statutory Rights (eg: TU Activities, H&S)
The right not to be dismissed for asserting a statutory right (e.g. the right not to have unlawful deductions made from pay). If that assertion is deemed to be the reason for dismissal then that dismissal is automatically unfair (i.e. the employer has no valid defence)
- Industrial Action Dismissals
The right not to be dismissed during the first 8 weeks of lawfully organised industrial action.
Rights from 1 calendar month
- Minimum Statutory Notice
The right to receive one week’s notice, and from the end of the second year onwards an additional week for each completed year of service (up to a maximum of 12 weeks).
- Minimum Pay during Statutory Notice Period
Where contractual notice is equivalent to that set out above, the right to receive a full week’s pay for each week of notice, regardless of whether the employee is at work or off sick.
Rights from 2 calendar months
- Written Statement of Employment Particulars
The right to a written statement outlining certain terms and conditions of employment (defined at Section 1 of the ERA).
If the employer fails to provide this statement then they could be penalised 4 weeks pay (subject to the statutory cap) by a tribunal in certain circumstances
Rights from 6 calendar months
- Right to Statutory Maternity Pay / Statutory Adoption Pay
The right to receive a payment equivalent to 6 weeks pay at 90% of the normal week’s wage followed by 20 weeks at an amount defined by law (currently about £106 per week) during Ordinary Maternity or Adoption Leave.
- Right to Request Flexible Working
The qualified right for parents of children (under 6, or under 18 if the child is disabled) and carers to request that they change their working pattern in order to provide care.
Rights from 1 year
- Right not to be Unfairly Dismissed
This right allows employees who are dismissed to submit a claim to an Employment Tribunal alleging that the dismissal was unfair.
- Written Reasons for Dismissal
The right to request and receive written reasons when dismissed. Where an employer refuses to provide these then they could be penalised 2 week’s pay (subject to the statutory cap).
- Additional Maternity / Adoption Leave
The right to take an additional period of up to 6 months unpaid leave immediately following any ordinary maternity or adoption leave.
- Parental Leave
The right to unpaid leave of up to 13 weeks for parents with children aged 5 or under (or disabled children aged 18 or under). The 13 weeks can be taken any time up to the child’s 6th (or 19th) birthday.
Rights from 2 years
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