Your Rights at Work
Your Rights at Work
Provided with the help of the Transport & General Workers Union
You are legally entitled to the following
Pay
The national minimum wage was increased in October 05.
If you are 22 or over you must not be paid less than £5.05 per hour. The exceptions to this are: if you are new at work and are on up to six months accredited training when the rate can legally be as low as £4.25.
Young people aged 18 to 21 get a £4.25 minimum,
www.tiger.gov.uk
www.dti.gov.uk/employment/pay/national-minimum-wage
Equality
Equal pay law prohibits your employer from paying you less than a man doing similar work.
www.dti.gov.uk/employment/discrimination
Working Time
Usually your employer cannot ask you to work an average of more than 48 hours a week unless you have agreed to do so in writing. To reverse this you need to give seven days' notice to go back to the 48-hour maximum.
www.dti.gov.uk/employment/employment-legislation/working-time
Rest Time
You have the right to a 20-minute rest break (30 minutes if aged under 18) if working more than six hours on one shift. You also have the right to a daily break of at least 11 hours (12 hours for under-18s) and at least a day off a week, one or two days a fortnight.
www.dti.gov.uk/employment/employment-legislation/working-time
Holidays
You have the right to a minimum of 20 days holiday a year. Your contract should clearly state how holidays are calculated and taken.
www.dti.gov.uk/employment/employment-legislation/working-timel
Sickness
If you earn at least £75 a week you should still be paid something when off sick. Statutory Sick Pay (SSP) gives you £62.25 a week (2003/4) but only after you have been sick for more than three days, usually working days. SSP lasts for up to 28 weeks. If you remain ill after that time you transfer to Incapacity Benefit, provided you have paid enough national insurance.
Discrimination Protection
You have the right not to be discriminated against on the grounds of your sex, race, disability, religion, or as a transsexual. You are protected both against direct discrimination, where an employer treats someone differently, and against indirect discrimination which is where there appears to be a level playing field, but the employer's requirements make it more difficult for some groups to qualify. Sexual and racial harassment come within discrimination law.
www.dti.gov.uk/employment/discrimination
The Right to Representation
Under Sections 10-15 of the Employment Relations Act 1999, a new law is introduced whereby employers "must permit" workers to be accompanied if they are required or invited by the employer to attend a disciplinary or grievance hearing.-
The companion can be a union representative or co worker who is entitled to paid time off to attend.
www.dti.gov.uk/employment/trade-union-rights
Pregnancy and Maternity
You have legal protection at work if pregnant or on maternity leave. Your employer cannot dismiss or victimise you on either of these grounds. Prior to your baby's birth you have the legal right to paid time-off for antenatal classes.
You can choose when to start your maternity leave any time up to 11 weeks before your baby is due. You can have up to 26 weeks' (ordinary) maternity leave, and a further 26 weeks' (additional) maternity leave if employed six months before the week your baby is due. You must continue to get all non-pay benefits as if you were working including accrual of holidays. You have the right to return to your own or a suitable job at the end of your maternity leave.
If you have worked for the same employer for at least 26 weeks you get Statutory Maternity Pay (SMP) of six weeks at 90 per cent of your full pay with 20 weeks at a flat rate of £100 (2003/4). One adoptive parent can claim ordinary/additional adoption leave. The amount of leave is the same as for maternity leave but it is paid at a flat rate of £100 for the whole 26-week period.
www.dti.gov.uk/employment/workandfamilies
Parental, paternity and adoptive leave
You are entitled to three months' leave (unpaid) for a child born after December 1999, to be taken by the child's fifth birthday. Adoptive parents are included.
Fathers have the right to two weeks' paternity leave paid at £100 a week. Adoptive parents are included.
www.tiger.gov.uk
www.dti.gov.uk/employment/workandfamilies
Time off for dependants
You have the right to time off for emergencies, that is when a dependant falls ill, gives birth, is injured or assaulted, dies, their child is injured at school, or unexpected disruption of childcare arrangements occurs.
www.dti.gov.uk/employment/employment-legislation
Flexible Working Rights
From 6 April 2003 eligible parents of children aged under six, or of disabled children aged under eighteen, have the right to apply to work flexibly providing they have qualifying length of service. Employers have a statutory duty to consider their applications seriously.
www.tiger.gov.uk/flexible/employee
www.dti.gov.uk/employment/employment-legislation
Protection against dismissal or redundancy
Once you have been working for your employer for a year you have the right not to be dismissed except for a fair reason to do with your conduct, capability or redundancy, and your employer must give you the reasons for your dismissal in writing. If your case goes to a tribunal and it makes an unfair dismissal finding you may receive compensation. This is currently set at a maximum of £53,500 (2003/4).
Your employer may issue redundancy notices where work requirements change, but must consult with you and with representatives where more than 20 redundancies are contemplated. Consultation should begin in good time and have the aim of reducing or eliminating the need for redundancy.
If, at the end of the consultation, there is still a need for redundancies, then notice should be given to those affected. Everyone who has worked for at least two years for the employer has a right to statutory redundancy pay. This gives a 'week's pay' of £260 for each year worked, to a maximum of 20 years. For those aged 41 or over, the calculation is based on 1.5 weeks' pay. The most you can get is £7,800.
www.dti.gov.uk/employment/employment-legislation/employment-guidance/dismissal-redundancies
Part Time Workers
You are entitled to the same hourly rates of pay; the same access to company pension schemes; the same entitlements to annual leave and maternity/parental leave on a pro rata basis,; the same entitlement of contractual sick pay and no less favourable treatment in access to training.
www.dti.gov.uk/employment/balancing-work-family
All of the above are the minimum legal requirements. Many workplaces have better pay and conditions.
See Also
Health and Safety at Work
Health and Safety Executive (HSE)
HSE's job is to help the Health and Safety Commission ensure that risks to people's health and safety from work activities are properly controlled.
www.hse.gov.uk
New child support system announced
The Child Support Agency is to be replaced with a tougher, more streamlined body, Work and Pensions Secretary John Hutton announced on 24th July. The new system will be simpler to use and administer, and tougher on parents who do not face up to their responsibilities. For further information on the proposed changes go the the CSA website www.csa.gov.uk/new. See also: BBC News Report news.bbc.co.uk
One Parent Families Assc. will have regular updates on the their website: www.oneparentfamilies.org.uk
