All of these issues show just how vulnerable employees across industries and contracts can be to exploitation. Here’s everything you need to know to make sure you get the treatment and pay you’re entitled to.
Am I an employee?
It depends on your status under employment law. There are three main types: an employee, a worker and self-employed.
You’re likely an employee if you have an employment contract, can be told what to do and are expected to work regularly. If you have a contract for services (which can be verbal or written) it is likely you’re not an employee but a worker with fewer legal rights. Someone who is self-employed, agency workers, directors, apprentices or volunteers also have different rights.
As Joanne Moseley, employment lawyer at law firm Irwin Mitchell, explains, “employees have the ‘gold standard’ of employment rights and workers have fewer rights”.
But she warns “it can be difficult for individuals to know if they are an employee or worker – and what’s written in their contract won’t necessarily determine this.
“Tribunals will look at the reality of the relationship between you and your employer and can decide that someone whose contract says they are a worker, is in fact an employee. The contract is only one piece of the jigsaw puzzle.”
When do my employee rights begin?
You have certain rights before you are even an employee at your place of work, such as being free from discrimination during the recruitment process, including the right not to be asked family-related questions such as whether you are pregnant.
Do I have a right to a contract?
You have the right to a written statement with the basic details, terms and conditions of your employment such as monthly pay, job title, paid holiday and minimum notice period.
Your employer has to give you this statement within two months of starting your new job, and if they make any changes they must tell you. You also have the right to a detailed payslip with a breakdown of pay and any deductions.
What are my rights around being dismissed or leaving?
There are five potential reasons for fair dismissal: conduct; capability; redundancy (see our explainer here); a legal reason and “some other substantial reason”. Find out more on ACAS here.
Be warned, “some other substantial reason” can include everything from a personality clash with colleagues to dismissing someone covering maternity leave.
If you’re dismissed when you’re pregnant or on maternity leave, your employer must give you a written explanation of the reason.
In all cases, your employer should go through a fair procedure before dismissing you.
“If an employer does not follow a fair procedure before dismissing someone, their dismissal can be unfair even if there are fair grounds for it,” explains Joanne Moseley. “So the reason and procedure go hand in hand – they both have to be done properly.”
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You will generally only have a right to claim unfair dismissal if you have two or more years of service. Make sure you start your appeal within three months of the day you were dismissed.
However, you can appeal against an “automatic unfair dismissal” even if you haven’t worked there for two years (see below).
If you are being dismissed, you are entitled to minimum notice periods depending on how long you’ve worked there. See ACAS for more details.
In cases of gross misconduct, you can be dismissed without notice. But a fair dismissal procedure should still be followed.
If you wish to give your notice to your boss, it’s best to put it in writing. But remember, if you later change your mind your employer does not have to accept this.
How do my employee rights change at two years?
After two years, you can claim unfair dismissal and claim redundancy pay.
But you can still make a claim for “automatic unfair dismissal” without two years’ service if it relates to: an application for flexible working; the National Minimum Wage; the working time regulation; health and safety reasons; discrimination; and whistleblowing.
It could also be automatically unfair if an employer dismisses someone who refuses to return to work because of concerns about Covid-19.
Do I have a right to flexible working?
There are plans to make flexible working a right from day one in the job. Under the proposals, employees will be able to put in a request immediately, rather than wait 26 weeks before making their request, as is the requirement under current rules.
The government claims the new plans will modernise the way Britons work by allowing employees to balance their work and home life. Flexible working arrangements include working from home, job sharing, part time, compressed or staggered hours and flexitime.
Bosses will still be able to deny the request, however, for reasons ranging from projected negative impact on the quality of work or employee performance.The government is currently conducting a consultation on the proposals, which may be rolled out in 2022.
What wages do I have a right to?
Employees and workers have a right to the national minimum wage. Workers aged 21 or 22 are entitled to £8.36 per hour. This decreases to £6.56 for those aged 18 to 20, while those under-18 can be paid £4.62. The national minimum wage also applies to apprentices, who can be paid £4.30 an hour.
The national living wage, for anyone aged 23 and over, is £8.91. So for someone working a full-time job at a 35-hour working week, gross income would work out at about £17,300 per year before tax or pension deductions.Rates for the national minimum, national living and apprentice wages will be going up from April 1 2022 so make sure your employer adjusts your pay pack accordingly else they could be named and shamed.
What are my employee rights around health and safety?
Your employer has a legal duty to take care of your health and safety while you’re working, including working from home. Employers should risk assess home working or ask for a self-assessment. Find out more from ACAS here.
If you are a worker, you also have rights in this area. Last month, the High Court ruled the UK government had failed to properly extend health and safety protections to “gig economy” workers.
Do I have a right to take breaks from work?
Yes, the “working time” regulation states you have the right to breaks. There are three kinds of break: rest breaks while working (20 minutes), daily rest (11 uninterrupted hours) and weekly rest (24 hours).
All employees have the right to an uninterrupted break of at least 20 minutes if they work more than 6 hours in a day. This should be away from their workstation but it does not need to be paid unless the employment contract says so
How many hours a week do I have to work?
The working time regulation states employees cannot be forced to work more than 48 hours a week (not including breaks) on average over 17 weeks. Night workers should also only work eight hours in 24 hours on average.
The regulation is based on an EU rule designed to protect employees, so watch out for how this might be affected by Brexit.
Your employer can ask you to opt out of this limit, but remember that you can refuse. If you want to op out, confirm this in writing.
You also have the right to cancel your opt-out and must give seven days’ notice. Your employer can’t stop you cancelling your opt-out decision.
You might have to work more than 48 hours a week on average if you work in the emergency services, the police, armed forces or other jobs.
“But employers are still responsible for the health and safety of staff and they need to consider whether working long hours puts them at risk,” explains Moseley. “The opt out of the 48-hour working week doesn’t trump that.”
Am I working overtime?
When you’re calculating your hours, you need to consider your overtime.
Overtime is quite complicated. You have to work overtime if your contract says so, although by law you can’t be forced to work more than 48 hours a week on average.
Employers don’t have to pay you for overtime, but you also don’t have to work overtime if that means you’ll earn less than the national minimum wage on average.
There are three kinds of overtime: voluntary (which you don’t have to do), guaranteed and non-guaranteed (which you do).
Importantly, regular overtime should in most cases be factored into your holiday pay.
Remember, overtime does not necessarily count as you working longer to finish something off.
Other kinds of working time may include attending training, travelling around for work and on-call time.
What are my rights around time off in lieu?
Instead of choosing to pay you for overtime, your employer may decide to offer you time off in lieu. You and your employer should keep a written record of your hours.
If you’re part-time and your full-time colleagues are paid for overtime, you have the right to be paid at the same rate – but only when you’ve worked the same amount of hours as your full-time counterpart. If you’re not sure, seek advice.
What are my rights to holiday leave?
As an employee or worker, you have a right to paid holiday and various types of leave. As a full-time employee you’re entitled to 5.6 weeks paid holiday (28 days including bank holidays), but your employer may give you more than that.
If you’re part time, you’re entitled to the same paid leave as your full-time colleagues, but relative to the hours you work pro rata.
Remember, you still accrue holiday when you’re off sick or on parental leave. ACAS has more helpful information.
What are my rights around sick leave and pay?
Statutory sick pay is £96.35 per week, paid by an employer for up to 28 weeks. Statutory is the minimum amount, but many employers choose to pay their employees more.
A company may have a sick pay scheme (or occupational scheme) that specifies in an employment contract the number of sick days an employee may take with no loss of income.
Sick pay is not paid for the first three days an employee is out of work due to illness. It is not means tested so will not be affected by an employee’s salary or how much money they have in savings.
The UK’s statutory sick pay policy has been criticised by unions and researchers as being one of the worst in Europe. Here’s how sick pay in Britain compares to the rest of the world. The law on when an employee must supply a sick note has recently changed.
You can now be off work unwell for up to 28 days in a row before you need a note from the doctor. The government hopes that the move will free up GP time to focus on the Covid booster roll out.
Under previous rules, employees were required to show their employer a GP-signed sick note after seven days to receive statutory sick pay or benefit payments.
What are my rights around maternity, paternity leave and emergencies?
Women have the right to time off for antenatal care and 52 weeks’ statutory maternity leave, and their partner (regardless of gender) can take one to two weeks’ paid paternity leave. You also have a right to leave for adoption. For parental pay and leave, use this helpful calculator here.
You have the right to time off for emergencies with dependants such as partners, parents or children, but your employer doesn’t have to pay you. Meanwhile, compassionate leave depends on your contract.
When you’re on leave, you have the right to your job or a similar job back when you return.
For other time off such as career breaks, check out this government list.
What expenses should I be paid?
You can expect your employer to pay you back for business expenses for your job, such as travel and so on.
Be warned, if you expense the wrong things your employer may bring disciplinary action against you or HMRC may hit you with more tax. Here is HMRC guidance on claiming travel expenses and the five conditions for business expenses here.
Are my employee rights affected if I don’t belong to a union?
If you are part of a trade union, you will be able to call on their help and support if you face a situation in your workplace in which you believe you are being treated unfairly or illegally. The union may be able to help you find a resolution with your employer, or fight for money you are entitled to.
“Being a member of a trade union doesn’t reduce your employment rights but might affect your contractual rights,” explains Moseley.
This includes changes to pay or conditions you may not always like.
“For example, during the pandemic, some unions agreed with the employer to cut overtime rates to keep the business afloat during this difficult time.”
But the activities of a trade union – such as securing a pay rise – benefits all workers in a workplace, not just those who are members of the union.
Where do I complain or get advice about employee rights?
At present, some options are available to workers but raising grievances is rarely easy. If an employee believes their employee rights are being broken, they are encouraged to report issues around the minimum wage or sick pay to HM Revenue and Customs (HMRC).
The Advisory, Conciliation and Arbitration Service (Acas) exists to help resolve disputes between employers and employees. Acas will encourage both parties to agree to commit to their ruling on the disagreement, but the resulting decision is not legally binding.
An employee who believes they are a victim of mistreatment can try to take their boss to an employment tribunal. This is free and a claim must be made within three months less one day from the date of the grievance, such as the day they were dismissed or experienced illegal treatment.
There currently exists no form of “employment watchdog” in the UK, which is why Citizens Advice Scotland is calling on the government to introduce one. The charity says a watchdog is needed to protect people in low-paid sectors from being exploited by bosses who continue to violate even the most basic of workers’ rights.
You can also get legal advice from Citizens Advice and your trade union.
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