Overview of employment rights (personal)

Employees and workers in the UK enjoy a number of employment rights by law. You are classed as an employee if you are a working under a contract of employment.

Employment contract

Although employment contracts are usually in writing – and you should ask for yours to be so if possible to avoid any confusion – it doesn’t necessarily have to be.

It is basically what you and your employers have agreed are the terms and conditions of your contract and can therefore be written, oral or implied from your actions and those of the person you are working for.

It will specify things like what wage you’re entitled to what your notice period will be, how much paid holiday and sick pay you will receive and what maternity, adoption and paternity pay and leave you are entitled to.

Employment rights in the UK include:

National Minimum Wage

Employers are not allowed to pay their employees less than the national minimum wage. This is currently:

• £6.19 per hour for workers aged 21 years and older
• £4.98 per hour for workers aged 18-20 inclusive
• £3.68 per hour for all workers under the age of 18
• £2.65 for apprentices under 19 or those in their first year. If you’re 19 or over and past your first year you get the rate that applies to your age.

Working time limits

These include working time limits, including rest breaks, time off for emergencies, paid holiday (most workers who work a five-day week, must receive 28 days paid annual leave per year) and limits on night work. Employees do not have to work more than 48 hours a week unless they agree to in writing.

Statutory Sick Pay

Subject to certain conditions, statutory sick pay (SSP) is paid to employees who are unable to work because of sickness. The standard weekly rate of SSP is £ £85.85 a week for up to 28 weeks. SSP starts to be paid after the employee has been off sick for four days in a row (including non-working days).

Maternity, paternity and adoption pay and leave

You are entitled to statutory maternity leave of up to 52 weeks if you have been in continuous employment with the same employer for at least 26 weeks up to the 15th week before the expected week of childbirth. Paternity and adoption leave is also available if you fulfil certain conditions.

Employees are also entitled to maternity, paternity and adoption pay if they have worked for their employers for long enough and their earnings have reached the required level.

Protection against unauthorised deductions from pay

Employers can only make deductions from your pay if: your contract says they can; it is required or authorised by law (eg income tax, national insurance or student loan repayments); or you have agreed in writing to a deduction before the conduct takes place for which your employer proposes to make a deduction

Protection against less favourable treatment

Your employers cannot by law treat you less favourably because you are pregnant, part-time or if you make a disclosure in the public interest (also known as being a whistleblower).

Protection against discrimination

You have the right not to be discriminated against unlawfully on the grounds of your gender, race, religion, disability, sexual orientation, or age.

The right not to be unfairly dismissed

An unfair dismissal happens when you are sacked from your job and your employers don't have a valid reason for dismissing you and/or has acted unreasonably. If this happens you can take your case to an employment tribunal although in most cases you will need to have two year's service to make a claim for unfair dismissal.

Statutory Redundancy Pay

You may be entitled to redundancy pay if you have worked for your employer for at least two years. The amount you get will be based on your weekly pay, age and continuous employment with your employer.

Workers

A person is generally classed as a “worker” if they:

• have a contract to do work or services personally;
• only have a limited right to subcontract the work out;
• aren’t doing the work as part of their own limited company in an arrangement where the “employer” is actually a customer/ client.

Workers are entitled to many of the same employment rights as employees but are not usually entitled to:

• minimum notice periods if their employment will be ending (eg, if an employer is dismissing them);
• protection against unfair dismissal;
• the right to request flexible working;
• time off for emergencies;
• statutory redundancy pay.

Getting legal advice

Need help finding an employment law solicitor near you? LawyerLocator covers all of the UK from major cities like London, Manchester and Birmingham to small towns in the countryside.

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