Your Rights as an Employee

Don’t be surprised if you realise that you are not fully aware of your rights as an employee. According to a survey by the employment relations service Acas (http://www.acas.org.uk), four out of five workers are unaware what they are legally entitled to.

Many employers are equally vague about such matters, with around one fifth of bosses of small and medium-sized businesses under the mistaken belief that they can change the terms of employees’ contracts at short notice and cut short female workers’ maternity leave.

As an employee, your rights are guaranteed by two sources: Acts of Parliament such as the Employment Act 2002 (statutory rights) and your employment contract (contractual rights), which between them dictate everything from your pay and the hours you must work every week, to your right to union activity and protection against unlawful dismissal.

Your contract

You’re entitled to be given a written contract no more than eight weeks after starting work for a company. It should include the names and addresses of you and your employer, the date on which you joined the firm, a job title or brief description of your role, and the details of your pay. It should also be clear about your working hours and holiday entitlement and the conditions relating to sick pay.

A contract cannot remove your statutory rights, so it could not, for example, demand that you take only two weeks’ paid holiday each year. All workers are entitled by law to four weeks. However, you can be given greater rights – e.g. a longer holiday entitlement – by an employment contract.

Working hours

You cannot be made to work for more than 48 hours per week on average (based on hours worked over 17 consecutive weeks). But you can choose to work longer hours. You are entitled to an uninterrupted rest period of no fewer than 11 hours out of every 24, and to at least one full day off out of every seven days.

Pay

All workers are entitled to pay for the work they have done, or if they are ready and willing to work but haven’t been given a task by their employer. They are also entitled to pay if they are on holiday, off sick or on maternity or paternity leave.

The National Minimum Wage is the lowest amount a worker can legally be paid by an employer and currently stands at an hourly rate of £4.85 for people aged 22 and over. Those aged between 18 and 21 must be paid at least £4.10 an hour, while 16 and 17-year-olds are entitled to a minimum of £3.

Statutory sick pay is usually fixed at a weekly rate of £66.15 a week and you are entitled to it for up to 28 weeks as long as you earn more than £79 a week. To qualify, you must be ill for at least four days in a row, including weekends and bank holidays, and be making National Insurance contributions. Your employer can ask you for a medical certificate to prove that you are ill – but not until the eighth day of your sickness.

Time off

As a full-time worker you are entitled to four weeks' paid holiday each year – an entitlement that may include bank holidays – while part-time employees are allowed annual leave in proportion to the time they work each week. (The definition of part-time work varies, but it is usually accepted as being less than 30 hours a week).

Holiday pay is calculated at the same rate as your normal earnings. You boss has the right to refuse your request to take holiday, as long as he or she gives you reasonable notice.

If you are pregnant, you can take 26 weeks maternity leave no matter how short a time you have worked for your employer. You may also be entitled to statutory maternity pay. If you are the father of a newly-born baby, you can claim two weeks’ paternity leave – for which you may also receive financial remuneration.

For more details, see the UK Net Guide feature on maternity leave.

Notice

When dismissing you, your employer must give you a minimum of one week’s notice if you have been employed for more than one month but less than two years. If you have been employed for two years or more, you are entitled to two weeks’ notice plus a week for every year over two that you have worked for your employer. Notice of dismissal must be given directly to you, not through a third party such as a shop steward. You are not entitled to notice if you have worked for your employer for less than a month.

The amount of notice you must give your employer should you choose to leave your job will probably be stated in your contract. If it isn’t, then you can give one week’s notice if you have been employed for a month or more. If you have worked for less than one month, the notice must be ‘reasonable’ as agreed with your employer.

Further information

For more about your rights as an employee, consult the Citizens’ Advice Bureau (http://www.adviceguide.org.uk), the Institute of Employment Rights (http://www.ier.org.uk) or the Department of Trade and Industry (http://www.dti.gov.uk).