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We
all have rights at work. Check out each heading below to see if you're getting a
fair deal from the 9 most important rules of employment.
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1)
Contract of employment |
2)
Trade Unions |
3)
Your Money |
4)
Parental leave |
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5)
Hours & holiday |
6)
The sack |
7)
Health & safety |
8)
Privacy at work |
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9)
Fairness at work |
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Labourstart headline news |
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You have the right at work not to be
discriminated against because of your sex, race or disability, because you are
pregnant or because you belong to a trade union. This applies from your first
day. You are entitled to the same pay as anyone of the opposite sex doing the
same or a comparable job.
The
Part Time Workers Regulations, which came into force in July 2000, prohibit
employers from treating part-time workers less favourably than full-time
workers, unless such treatment can be objectively justified.
Employers have to ensure that part-time
employees have equal access to occupational pensions, contractual sickness and
maternity pay schemes; have annual leave entitlement and pension benefits
calculated on a pro-rata basis; are entitled to the same rate of overtime pay as
full-time workers once they have worked more than full-time hours; and are not
discriminated against by redundancy selection criteria.
To take a claim to an
Employment Tribunal, you would need to find a comparable full-time worker
and show they were being treated more advantageously.
Freelance workers also benefit now from
improved holiday rights. They are entitled to four weeks paid holiday a year
following a ruling by the European Court of Justice. It found that the UK
Government had broken European employment law. All workers now benefit from this
ruling, but freelancers and those on short-term contracts had often had
particular trouble claiming paid leave until they had worked for their employer
for 13 weeks. The decision will particularly benefit teachers, cleaners and
media workers.
And workers will soon have to be consulted
by their companies about key business decisions. This will apply at firms which
employ more than 20 workers in one place or more than 50 across several sites.
It already happens in some European countries - when Marks & Spencer decided to
close overseas stores it fell foul of a similar law in France.
The
European Union is looking to implement the new directive across all member
countries.
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1) Contract of
employment:
You might not get a piece of paper on your
first day at work, but your contract is deemed to have started. At the very
least you must have a verbal description of the job; after two months you must
be given a written statement of your terms of employment. This is not
necessarily the actual contract, which could be a staff handbook or even your
letter of acceptance. Make sure you have all the right paperwork, in whatever
form.
When you are in employment, you will have
certain statutory rights, governed by law. You will also have the rights laid
out in your contract, called
contractual rights. In some cases these will improve upon your statutory
rights; in others they might cover new areas. But your employer cannot put
things into your contract which diminish your statutory rights. You should get
an itemised payslip with your wages - that's a legal requirement.
However, you might not necessarily be what is commonly
called an employee. If you are hired to do a particular job, you might be given
a "contract for services". In this case you could be classed as self-employed,
and not enjoy the benefits of an employee. If you're not sure, check your status
with your employer.
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2) Trade Unions:
All workers have the right to join a union
if they wish. In June 2000, the trade union recognition element of the
Fairness at Work legislation came into force. Under this, unions which have
majority support in a workplace are able to claim recognition, so they can
negotiate with management and represent members. Majority support means either
demonstrating there are 50% plus one members in a "bargaining unit", or winning
a yes vote from 40% of the workforce in a ballot.
The new
Central
Arbitration Committee will assess whether or not a union passes either of
these tests. Unions will even be able to take claims to the CAC where they have
10% membership and where they can demonstrate that they would be likely to win
in a ballot.
You are entitled to
paid time off work for your duties if you are a union official. Some employers
will make clear distinctions between what are duties and what is activism. A
worker has the right to be accompanied by a union representative or a work
colleague at a disciplinary or grievance hearing.
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3) Your Money:
The
minimum
wage legislation came into effect in 1999, and applies to pretty well
everyone, no matter what type of work. The rate went up last year to £3.70 an
hour, and increases to £4.10 on 1 October 2001. It's less for people aged 18-21,
at £3.20 an hour. Those who don't get it automatically include self-employed,
apprentices and workers such as au pairs and nannies.
Overpayment of
wages. You don't always have to repay your employer for their mistakes.
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4)
Parental leave:
Maternity leave was increased in 2000 from 14 to 18 weeks. You are eligible
even if you were pregnant when you started your job. But a woman can take longer
if she has worked for the same employer for a year; then she is entitled to an
extra 29 weeks' unpaid leave, subject to her being entitled to a maximum of 40
weeks' maternity leave altogether. In theory, she can be absent from work from
the beginning of the 11th week before the baby is due, until the 29th week after
the birth. It is up to the woman to decide how much time she actually takes off
during this period. See
maternity leave rights after 6th April 2003
She should expect to get paid at the rate of
90% of salary for the first six weeks and then about £60 a week for the next
three months. Additional maternity leave is unpaid. Also, all parents now have
the right to take 13 unpaid weeks off work in the first five years of a child's
life. There are certain rules about claiming your maternity leave. You must give
three weeks' written notice of when the baby is due and when you plan to start
your leave.
If you want to go back to work after having
a baby, there are certain rights your employer must provide. After the shorter
period of maternity leave, you can have your old job back. If you've had extra
leave, the company must at least offer a suitable alternative. But they can't
sack you just because you're pregnant or on leave.
There is a new law that gives added
protection to part-time workers, preventing employers from treating them less
favourably. But it falls short of giving an absolute legal right to return
part-time. An employer should, however, give consideration to a woman's request,
and refusing to do this could amount to unlawful sex discrimination. There is
now also a right to unpaid emergency leave, for when you have to care for a
dependant in an emergency.
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5)
Hours & holiday:
UK employees spend more time at work than
anyone else in Europe. But things are gradually changing because of a shift in
emphasis to family-friendly work policies and also thanks to the
European Working Time Directive. Everyone is entitled to four weeks' annual
holiday from their first day at work - you used to have to wait 13 weeks before
qualifying for leave, but that's changed after a
European ruling. Holiday will be pro rata, so once you've worked a month,
you'll qualify for a 12th of your entitlement.
If your contract gives you less than four
weeks, challenge it. However, you might find that your employer includes any
bank holiday entitlements within that four weeks, which they are allowed to do.
In practice, though, most companies won't do this.
You are also entitled to a break when the
working day is more than six hours; a rest period of 11 hours every working day;
a rest period of 24 hours once every seven days; a ceiling of 48 hours on the
maximum average working week.
See
working time regulations
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6)
The sack:
There are a number of reasons which
employers cannot use to justify getting rid of an employee. These include
pregnancy, sex, race, trying to join a union, refusing to do unsafe work,
whistle-blowing or asserting your rights. If you have been fired for any of
these reasons, you can claim unfair dismissal and take your employer to an
Employment Tribunal, no matter how long you have worked there.
However, if you have been sacked for other reasons to which you feel you
have been unfairly dismissed, you must have been employed for a minimum time of
one year continuous employment to qualify for an employment appeal tribunal.
A tribunal can order an employer to give you
your job back, but will usually make them pay you compensation. The maximum is
£51,700 plus an allowance for each week's pay lost up to a limit of £240 a week.
But most people get much less, about £3,000.
However, there is no upper limit on
compensation for sex, race or disability discrimination or for whistle-blowing and for certain cases, there can be additional awards on top of the unfair
dismissal compensation.
If you are dismissed for other reasons -
misconduct or ineptitude, it might be a case of unfair dismissal. Others will be
judged on their merits. If someone's work changed to such an extent that,
because of a health problem, they could no longer do the job, they could claim
unfair dismissal if they had worked there for more than a year.
You could also be made redundant, in which case your job has
ended, and your employer cannot take on anyone else to do your job. If you have
worked there for more than two years, you are entitled to some redundancy pay,
depending on your age and length of service.
If you think you have been unfairly dismissed, you
must follow your employers procedure before seeking
legal
advice or applying to an employment tribunal. The employment appeal
tribunal form IT1
can be obtained from any job centre or alternatively, members of Suffolk
HealthCare branch can request one directly from our office.
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7) Health & safety:
Your employer must make sure you are not
injured or made ill at work - by the same token, you have a duty to work safely
and to co-operate with safety procedures and guidelines. Your employer must
train you to deal with health and safety issues and there must be an accident
book in the workplace to record any work-related injuries. You have the right to
refuse to do something if you feel it places you or a fellow worker in danger.
See Suffolk HealthCare's
Health & Safety
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8) Privacy at work:
It is very likely that your employer will
have you under some form of surveillance, whether it is recording phone calls or
monitoring e-mails and internet usage. It is thought about 85% of companies use
surveillance in one way or another. They are allowed to do this under the
Regulation of Investigatory Powers
(RIP) Act 2000, which came into effect in October 2000. However, employees
are entitled to privacy under the Human Rights Act, so there is clearly some
conflict in this area.
The most important thing is to find out what
your employer's policy is on this issue. Under the Human Rights Act and the
Data Protection Act, the company can justify surveillance only if it warns
you first. It is vital to know where you stand, as the policy might be quite
severe - firing staff for unsuitable e-mails or visiting certain types of
website. If a company does not have a policy, it could find it difficult to
prove an employee was acting improperly should a case end up at a tribunal.
Privacy at work is still a grey area because
of the new legislation, but test cases will gradually give some guidelines to
work from.
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9) Fairness at work:
You have the right at work not to be
discriminated against because of your sex, race or disability, because you are
pregnant or because you belong to a trade union. This applies from your first
day. You are entitled to the same pay as anyone of the opposite sex doing the
same or a comparable job.
The
Part Time Workers Regulations, which came into force in July 2000, prohibit
employers from treating part-time workers less favourably than full-time
workers, unless such treatment can be objectively justified.
Employers have to ensure that part-time
employees have equal access to occupational pensions, contractual sickness and
maternity pay schemes; have annual leave entitlement and pension benefits
calculated on a pro-rata basis; are entitled to the same rate of overtime pay as
full-time workers once they have worked more than full-time hours; and are not
discriminated against by redundancy selection criteria.
To take a claim to an
Employment Tribunal, you would need to find a comparable full-time worker
and show they were being treated more advantageously.
Freelance workers also benefit now from
improved holiday rights. They are entitled to four weeks paid holiday a year
following a ruling by the European Court of Justice. It found that the UK
Government had broken European employment law. All workers now benefit from this
ruling, but freelancers and those on short-term contracts had often had
particular trouble claiming paid leave until they had worked for their employer
for 13 weeks. The decision will particularly benefit teachers, cleaners and
media workers.
And workers will soon have to be consulted
by their companies about key business decisions. This will apply at firms which
employ more than 20 workers in one place or more than 50 across several sites.
It already happens in some European countries - when Marks & Spencer decided to
close overseas stores it fell foul of a similar law in France.
The
European Union is looking to implement the new directive across all member
countries.
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