Overview of employment rights
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:
- £5.73 per hour for workers aged 22 years and older
- A development rate of £4.77 per hour for workers aged 18-21 inclusive
- £3.53 per hour for all workers under the age of 18, who are no longer of compulsory school age
Working time limits
These include working time limits, including rest breaks, paid holiday and limits on night work
Statutory Sick Pay
Subject to certain conditions, Statutory Sick Pay (SSP) is paid to employees who are unable to work because of sickness for up to a maximum of 28 weeks. The standard weekly rate of SSP is £75.40 from 6 April 2008 to 5 April 2009
Maternity, paternity and adoption pay and leave
Pregnant women are entitled to 52 weeks maternity leave which – subject to certain notification requirements - you can take no matter how long you've been with your employer, how many hours you work or how much you're paid. 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 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 a 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
Workers in the UK are slightly different from employees: a worker is anyone who works for an employer, whether under a contract of employment, or any other contract where an individual undertakes to do or perform personally any work or services. They include:
- most agency workers;
- short-term casual workers;
- some freelancers
Workers enjoy all the same rights as employees except that they are not automatically entitled to redundancy pay or maternity, adoption and paternity leave. Their rights not to be unfairly dismissed are different too.
