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. If you want to know more about your rights at work, contact Castlegate, CAB, or the following:
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 on your human rights in society, in services as well as in work - and what you can do if you have suffered discrimination.
For Contact Details see our A-Z. For online advice look at worksmart.org.uk or acas.co.uk or equalityhumanrights.com
PAY AND CONDITIONS
You should receive a "Statement of Employment Particulars" within two months of starting work. This should outline things like your hours of work, pay and holiday entitlement amongst other things.
If you are a fixed term 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.
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.
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 2009. If you are aged 22 or over this is £5.80 per hour. If you are aged 18-21 this is £4.83 per hour and if you are 16-17 this is £3.57 per hour. Some people are not entitled to a minimum wage; for example an apprentice under 19, and an apprentice over 19 and in the first year of their apprenticeship.
The hours you work and holidays: For those aged 18 and over, the 'Working Time Regulations' say that there is a limit of 48 hours a week that you should work (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 your normal rate of pay. This normally includes bank holidays. Your employer can say when you take your holiday.
Younger workers have different laws covering them. At 16 you can work full time providing that you have officially left school. At 14 you can take up a part time job but your employer must have a work permit for you and there are lots of restrictions on hours you can work, such as no more than two hours on Sundays or school days. If you have 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. You must have at least 12 hours rest a day. You must also not work between either 10pm and 6am or 11pm and 7am in most jobs. If you are still at school and want to know more about what you can do at work, ask at Castlegate or look at york.gov.uk type 'employment of children' in the search box.
For advice on your pay and conditions contact Castlegate, CAB or ACAS, or your trade union (see here). See also taking action. For Contact Details see our A-Z.
It is illegal 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. 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). Employers have to treat you fairly and recognise your individual talents, regardless of your age.
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 things like making alterations to buildings, reallocation of tasks to other staff and providing a reader or interpreter.
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 Castlegate, CAB, ACAS or the Equality and Human Rights Commission, or get support from your Trade Union. See also 'taking action' . For Contact Details see our A-Z.
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. Pregnant employees have the right for example to:
• Paid time away from work for ante-natal care
• Protection against unfair treatment or a 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.
Castlegate, CAB, ACAS or your trade union (if you are a member) can help you if you have any problems with your employer during your pregnancy. For Contact Details see our A-Z.
For more information about benefits see here.
Fathers are also entitled to one or two weeks consecutive paid Paternity Leave under certain conditions. 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. direct.gov.uk has information on paternity pay and entitlements if you are on a low wage.
If you adopt a child find out about Adoption Leave and Adoption Pay.
As a parent of a child under 16 years, you can ask 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. A trade union is an organised group of workers who seek to protect the interests of its members. They 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. For example they can support you if you feel your employer is unfairly discriminating against you.
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.
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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, you should fill in your employers
accident report form and can seek further help from your trade union or the
HSE.
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 ACAS. 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). An Employment Tribunal is like a court, only less formal, and looks at disputes between employers and employees. For more information contact ACAS, CAB or Castlegate. For Contact Details see our A-Z.