EMPLOYMENT RIGHTS
in this section
Pay and conditions
Equality and discrimination
Pregnancy and family friendly work
Trade unions
Picture
Health and Safety
Taking action
For Contact Details see our A-Z
While at work, you have rights to protect you, whether you are the employee of a company or an employment agency. What follows is only a brief guide. For more information of advice, contact Castlegate, or one of the following:
CAB have specialist employment rights advisers (you'll need to see a general adviser first who'll refer you to a specialist if needed).
ACAS specialise in employment rights. As well as their website they have a helpline which can advise on a great number of work related issues, whether you feel you've been unfairly paid or you want to know how a civil partnership may affect your rights.
The Equality and Human Rights Commission (EHRC) offer advice about your rights in employment, and other matters, especially your right to be treated without discrimination. See also below.
The Employment Rights Line is a free helpline offering legal advice. If you call and leave your details you will be called back for more information, and they will arrange for a solicitor to phone you. The service is run by York College of Law together with local solicitors.
For Contact Details see our A-Z.
For online advice look at worksmart.org.uk or acas.org.uk or equalityhumanrights.com
PAY AND CONDITIONS
You should receive a written 'Contract' or Statement of Employment Particulars within two months of starting work. This should outline for example your hours of work, pay and holiday entitlement.
In any job, an employer cannot change your terms and conditions without your prior consent. They must also give written notice within a month of any changes. Get advice if you think your employer is not treating your fairly.
If you are a temporary worker (e.g. working in a shop over Christmas) you should be treated no less favourably than someone in a similar but permanent job, and have the same terms and conditions.
Before or when you are paid, you should receive a payslip outlining how much you have been paid and how much tax and National Insurance is taken out. Any other deductions should be agreed by you in writing and should be explained on the payslip. It is illegal for most employers to withhold your pay without your agreement.
Most workers over the age of 16 are legally entitled to a National Minimum Wage. The following rates apply from 1st October 2011. If you are aged 21 or over this is £6.08 per hour. If you are aged 18–20 this is £4.98 per hour and if you are 16–17 this is £3.68 per hour (this only applies once you are past compulsory school age i.e. the end of June in Year 11). Apprentices are entitled to a minimum wage of £2.60 per hour. This applies to those under 19, and those over 19 in their first year of their apprenticeship. (After that, the rate for your age applies).
Younger workers: At 16 you can work full time providing that you have officially left school. At 14 you can work part time but your employer must have a work permit for you and there are restrictions on the hours you can work, such as no more than two hours on Sundays or school days. If you have officially left school but are under 18 you can work no more that 8 hours a day and 40 hours a week. You must have a 30 minute break if working over four and a half hours. For more information go to york.gov.uk and search for 'employment of children'.
The hours you work and holidays: At 18 you can be asked to work a maximum of 48 hours a week (although you can opt to work more if you wish). You have the right to have 11 consecutive hours rest a day, one day off a week and a break at work if you are working for more than 6 hours. Night workers should work no more than 8 hours in a 24 hour period. Everyone (full or part time) is allowed 5.6 weeks paid holiday, at their normal rate of pay. This normally includes bank holidays. Your employer can say when you take your holiday.
For advice on your pay and conditions contact any of the organisations listed above. See also taking action.
It is illegal for your employer to discriminate (directly or indirectly) against you because of your race, religion, nationality, sex, sexuality, disability, age, or because you work part-time.
Racism happens when you are discriminated against because of your colour, nationality, ethnic origins or religion. This might be racist language, or being asked to wear an article of clothing as part of a uniform that is prohibited by your religion.
Sex discrimination happens when you are discriminated against because of your sex, or because you are married, in a civil partnership or have children. See below. For example it is illegal to sack you because you are pregnant, or discriminate against you because of your sexuality or if you are transgender.
Age discrimination occurs when you are treated less favourably because of your age (although there are some exceptions, for example you need to be 18 to work behind a bar).
Disability discrimination occurs when you are treated less favourably because of a disability. This covers things like application forms, terms of employment and failure to make 'reasonable adjustments' in the workplace. Adjustments can cover e.g. making alterations to buildings, reallocation of tasks to other staff and providing a reader or interpreter. It is also illegal for an employer to discriminate against you because of something arising from your disability. For example being dismissed because your disability means you cannot work as fast as your colleagues.
Part-time workers must receive the same rate of pay and conditions as full time workers.
If you feel that you have been treated unfairly at work contact any of the organisations listed above. See also 'taking action'.
PREGNANCY AND FAMILY FRIENDLY WORK
If you become pregnant you have certain rights to protect you. It is illegal to discriminate against you because you are pregnant. Discrimination during pregnancy includes being made redundant or being sacked solely because of your pregnancy or giving you different or unsuitable work. You have the right for example to:
• Paid time away from work for ante-natal care
• Protection against unfair treatment or dismissal
• 52 weeks of Maternity Leave
As with all employees, pregnant employees have the right to a safe and healthy workplace. This should involve your employer completing a risk assessment to see if there are any risks to you or your unborn child. For example, an employer needs to look at things like harmful substances and heavy lifting. Your employer then has a duty to remove the risks from you, or to remove you from the risk, for example giving you suitable alternative work. If they cannot do either of these, you should be suspended on full pay.
If you have any problems with your employer during your pregnancy contact Castlegate one of the organisations listed above.
For more information about benefits see here.
If you are a father you may be entitled to one or two weeks Paternity Leave and Statutory Paternity Pay. Certain conditions apply - for example you must expect to have some responsibility for the child’s upbringing. You also need to have worked continuously for your employer for 26 weeks ending with the 15th week before the baby is due. More information at direct.gov.uk.
If you adopt a child find out about Adoption Leave and Adoption Pay.
As a mother or father of a child under 16 years, you can ask your employer for flexible working. Flexible working can take many forms and may include flexi-time and job sharing. Providing you have worked for your employer for at least 26 weeks, they have to consider your request, and there has to be a good business reason for refusing it.
All employees have the right to reasonable time off work to help family members, and others who depend on you, in an emergency. Your employer does not have to pay you for this.
TRADE UNIONS
As an employee, you have the right to join a trade union. Unions are often involved with negotiating agreements on e.g. wages and working conditions. A union official can represent you at work if you have problems, and help you stand up for your rights. You can join a union even if no one else in your workplace is in one. You can join any trade union, though it makes more sense to join the one that covers your kind of work, or has the most members in your workplace. Ask your colleagues what union they are in or visit worksmart.org.uk and use their 'union finder' to see which is the best one for you. It is illegal for your employer to discriminate against you because you are a member of a trade union or wish to join one.
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HEALTH AND SAFETY
You have the right to work in an environment where risks to your health and safety are properly controlled. You should be given proper training and safety equipment if you are doing anything that could be dangerous and you should not be made ill by anything you are doing.
Employers have a duty to make sure that your workplace is safe and without risks - e.g. machinery should be safe and properly used; a workplace should be suitable for its intended use, and they should provide things like adequate lighting and toilet facilities. If you are under 18, or pregnant, your employer has a duty to make sure that the work you are doing is risk assessed and safe for you. Not everything rests on the employer - as an employee you have to take care at work and make sure that equipment is used correctly.
If you have an accident at work, fill in your employers
accident report form. Get help from your trade union or the
HSE at
hse.gov.uk.
If you have any concerns about conditions in your workplace and you are a member of a
trade union, you may be able to get a health
and safety rep to make a workplace visit. Talk to your steward.
TAKING ACTION
If you think that your employer is treating you unfairly, you should usually speak to your employer directly and make your concerns known. Otherwise, or if nothing happens as a result of this, you should talk to your trade union representative or get advice from Castlegate or CAB or one of the organisations listed here. You may be able to negotiate something between yourself and an employer with the help of one of these.
If this fails, you have the option to apply (within time limits) for an Employment Tribunal (ET). A tribunal is like a court, only less formal, and looks at disputes between employers and employees.