Frequently Asked Questions

Rights at Work

 

 

 

Q What is a contract of employment?

A 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. back to start

 

Q Can anyone join a trades union?

A All workers have the right to join a trades union if they wish. In June 2000, the trades 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. back to start

 

Q What about money?

A 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. back to start

Overpayment of wages. You don't always have to repay your employer for their mistakes

 

Q  Am I entitled to parental or maternity leave?

A 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. back to start

 

Q Am I entitled to annual leave?

A 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. back to start

 

Q I've been given the sack. What can I do about it?

A 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.

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 fair 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. back to start

 

Q Am I covered under Health & Safety?

A 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. back to start

 

Q What is privacy at work?

A 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. back to start

 

Q What is Fairness at Work?

A 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.

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. back to start

 

Q My employer has asked me to attend an investigatory meeting without telling me what it's about as they claim it is not a disciplinary. Do I have to attend?

A If the hearing can result in a penalty and relates to conduct, it will be deemed to be a disciplinary hearing and the employer will have to follow the new statutory disciplinary procedure or it's own procedure, which must incorporate the statutory minimum. If an employer fails to put a charge to an employee and then dismisses him/her, the dismissal will be unfair. back to start

 

Q What are my rights to information and consultation at work?

A Legislation was put into force April 2007 which states all employers with more than 50 employees must consult with staff about any changes they make to policy or the company/organisation as a whole. To understand what all this is about in more detail, the dti have produced a fact sheet for employees which we have supplied for your information. back to start

Read or print the full information and consultation at work:
Link to a PDF document on this siteAcrobat PDF version

 

Q Agency working - I'm temping for an agency - what are my rights at work?

A Temping through an employment agency doesn't have to mean a bad deal.

Your agency must:

give you 'written terms' just like any other employer which tell you;
how much and when you will be paid;
your working hours;
other terms and conditions such as maternity leave;
pay you on the agreed day even if the agency has not been paid;
give you four weeks paid leave a year once you have worked for 13 weeks for the same agency;
pay you at least the minimum wage;
ensure you get proper training where required by law e.g. operating machinery;
allow you to join a trade union.
The agency should also check you have any qualifications required by law and get enough information about you to show you are suitable for the job.

The agency must not:

charge you for finding you a job (unless you're a performer or model);
make you pay a fee for leaving them;
discriminate against you because of your sex, race or disability;
change your contract without consulting you;
withhold wages due to you.
Agencies can be fined or people running them banned for breaking the law or misconduct.

Remember you're not alone - almost a million temps are working in the UK at any one time and they all have the right to join trade unions. There's safety in numbers. back to start

  • The simplest way to find out the 9 most important rights we all have at work is to see our page here

 

Q Can I be forced to go on strike or sacked for taking part in industrial action?

A Industrial action is usually a last resort to be used only after all other options have been tried and negotiations with the employer have failed. Overall, there are very few strikes yet some people seem to think that's all unions are about. Some employers try to portray unions as militants who want to down tools at the slightest excuse. This is very old fashioned and simply not true.

Unfortunately, however, there are some situations where industrial action is the only option when it comes to, for example, saving peoples' jobs or protesting against unfair treatment or unsafe working conditions.

Industrial action does not necessarily mean going on all out, indefinite strike although it can do. A group of workers in a workplace may decide to:

-work to rule e.g. refusing to work overtime or at weekends or evenings
-stage a one day strike
- repeated one hour actions over several weeks
-withdraw co-operation with management on certain issues

For industrial action to be legal:

-there must first be a ballot in your workplace
-the ballot must be carried out according to the rules
-a majority of those voting must agree that industrial action should be taken
-the action must be about terms and conditions of employment or other work-related matters in your workplace such as:

-selection, dismissal, suspension or termination of contracts, jobs, people
-allocation of work among the staff
-disciplinary matters
-negotiation or consultation procedures, including with the union

Your union branch or whatever organising unit is calling for the strike, must then decide what to do and when if the vote is in favour of industrial action. However, they may decide not to take industrial action immediately but use the ballot to strengthen their negotiating hand with management in an attempt to avoid strike action.

Even if the ballot is 99% in favour of taking some kind of action, no one can force you to work to rule or go on strike if you don't want to.

By law, it is unfair and totally illegal for any employer to dismiss people for taking part in lawful industrial action:

-during the first eight weeks of the action
- in some cases, after the industrial action has finished as long as it is over within the first eight weeks
-if the employer fails to follow a proper dismissal procedure and doesn't act fairly

If your employer threatens or tries to sack you for taking industrial action, get union advice immediately which may also include legal advice, support and engagement on your behalf.

During a strike you won't get paid by your employer and you can't claim state benefits. Some unions have provision to pay members strike pay in certain circumstances. back to start

 

Q I'm working nights - what are my rights?

A If you regularly work at night you should by law:

-not work more than an average of eight hours in each 24 hours during a 17 week period
-get a free medical check or health assessment from your employer before you begin night work and at regular intervals
- where possible, be allowed to switch to day work on medical advice

A health assessment can take the form of a questionnaire, rather than an examination by a doctor or nurse, as long as the questionnaire has been developed by someone medically qualified and is evaluated by someone with training (but not necessarily a doctor or nurse).

Young people and those doing specially hazardous work get better protection. If you're under 18 you're not allowed to be a night worker at all.

The official definition of a night worker is someone who works:

- more than three hours at night as part of the normal course of your job.
- between 11pm and 6am.

If you work split shifts - say one week on nights followed by one week on days - your average night hours will be nowhere near eight hours. However you are still entitled to a medical check up .

If your work involves special hazards or heavy physical or mental strain, and you are a night worker, as soon as you have worked eight hours you must stop.

Because the rules on working out your hours can be complicated and because definitions can be varied by agreement between the employer and the workforce, it's best to get union advice on your situation.

Your employer is also obliged by law to carry out what is called a risk assessment.

The eight hour limit does not apply to these jobs:

security guards, caretakers and other jobs requiring a permanent presence to protect people and property
where the job involves long travelling distances
where the job requires 'continuity of service or production' such as hospitals, prisons, docks, airports, media, post and telecoms, civil protection, agriculture, industries where work cannot be interrupted such as utilities
jobs where there are seasonal rushes such as tourism, post and agriculture.

However, if you fall into one of these categories you are entitled to 'compensatory rest' to make up for any breaks or rest periods you have missed by working beyond the eight hour limit. back to start

 

Q My employer is forcing me to work nights - can they do this?

A It depends on your contract so it's usually a good idea to check this out. If nothing is written but your type of job usually has night staff, it may be the employer wants you to work nights for a specific period due to staff shortages or as part of your training. If you really can't work nights because of family commitments, speak to your manager about this and and check out any family friendly policies your employer may have and use these to support your case.

How to Adapt to Working at Night:
A human's body clock was designed to be awake during daylight hours and to sleep at night and many night workers have experienced difficulty in adapting to the changes in working at night and sleeping during the day. There are no clear solutions to this problem but some good tips include:
Adapting to your new time frame as quickly as possible by timing meals and other activities to match the new 'day'.

Exercise can often sort out body rhythms. You could try starting your new 'day' with a brisk jog or by cycling. This may mean doing your exercise at 10 o'clock at night when most people are start thinking about getting ready to go to bed but it has proven to have been beneficial for many night shift workers.

Although not always possible, studies have shown that a short nap in the middle of a night shift can help maintain or improve performance later on in the shift. Perhaps, you could consider this during your longest rest break within your shift.

One of the most common complaints about adjusting to night shift work is the difficulty some people find in sleeping during the day. It is just as important to try and create the same relaxing environment as you would normally do if you were sleeping at night. Your room should be well ventilated and not too hot. It should be as quiet as it would be at night so if you have a family, they should consider your needs sympathetically. If need be, you should install black-out window blinds so that your bedroom is as dark as possible and consider ear plugs and sleeping masks for your eyes, such as those you might get offered on a plane.

When eating on the night shift, choose smaller portions rather than a heavier meal which can make you feel tired and sluggish and can sometimes cause heartburn and try to avoid late night caffeine as this can have an adverse effect when you get home in the morning and are trying to get to sleep.

It can often be extremely difficult to survive the night shift, especially if you work day shifts too and have to switch between the two on your rota and working nights can have a big impact on your health, both physically and emotionally. However, if you can adopt a routine, still get enough quality sleep, eat the right foods, maintain social ties, and keep physically active - most people find that they can usually adapt well to working the 'graveyard' shift.

If night work causes you to become ill, seek medical advice and support. You GP may decide to write you an exemption letter.  back to start

 

Q What is the maximum hours a week I can work?

A In 1998, the Working Time Regulations came into force and with them the right to some basic entitlements such as time off and holiday pay. But the regulations are complicated. They do not necessarily apply to everyone and can be opted out of and varied by contractual agreements.

Below are answers to some of the most common questions:

How long is the working week?
The average working week should not exceed 48 hours, but this is an average, not a limit on each week. Employees have the right to a 20-minute break in a six-hour working day, a rest period of 11 hours in every 24 hours, the right to a day off each week and four weeks’ paid leave (pro rata for part-timers).

What counts as working time?
Working time amounts to time spent at your workplace carrying out your working duties under the direction of your employer as well as any workplace training, time spent travelling to visit clients and working lunches. It does not include travelling to and from work, time when you are on call but not working, training at college, or time taken to travel to an occasional meeting away from your normal workplace.

Is everyone covered?
No. Some groups of workers are exempt from the Working Time Regulations. For example, if you are self-employed, running your own business or are free to work for different clients and customers, the regulations don’t apply to you.

Certain workers are not subject to the regulations, because they are covered by sector-specific provisions. These include workers in certain transport areas, such as at sea and in the air (for example, flight crew and cabin crew, but not workers employed in general aviation). Meanwhile, other employees – such as mobile workers in road transport – are covered by only certain provisions of these regulations. Workers in the Armed Forces, the police and emergency services are also outside the scope of the regulations in certain circumstances.

I mainly work nights. Are my rights affected?
The regulations covering night workers are slightly different. Your normal hours of work should be limited to eight hours in 24 on average. If your work is especially hazardous, heavy, or involves physical or mental strain, your daily working time should not exceed eight hours at all. Your employer must also provide free health assessments. If you are found to be suffering from health and safety problems relating to the performance of night work, your employer must transfer you to suitable day work.

What if I want to work longer hours?
You can waive your rights if you wish, but you must do so in writing. The opt-out can be for a defined period of time or indefinitely. Your employer must give you the opportunity to opt back in if you wish to do so. Employers can agree with workers to exclude or modify all of the limits and entitlements, apart from the annual leave provisions. But your employment contract can restrict the times when annual leave is taken, the amount taken at any one time and the amount of notice required to take such leave.

If I refuse to opt out, can my employer sack me or withdraw benefits?
No. Your company would be committing an offence if it were to dismiss you, or otherwise to cause you detriment – such as denying you promotion or a pay rise – if you were to refuse to opt out. back to start