Your employment rights at work

Employment rights and what to do if they are breached

It’s important for anyone starting out in their career to understand their employment rights. These help you enjoy a safe and pleasant working environment and avoid exploitation. Here are the main rights of employees:

Pay and Working Conditions
You must be paid the minimum wage, even if you agree otherwise. The Working Time Regulations 1999 set a maximum working week of 48 hours and mandatory rest periods but you can “opt out” of this. Full-time employees are entitled to 28 days’ paid leave per year, including bank holidays.

Equality
The Equality Act 2010 makes it unlawful (normally) for employers to discriminate based on your age, race, religion, gender, sexual orientation, disability, marital status, pregnancy and maternity and gender reassignment. This includes direct discrimination such as explicitly restricting promotion opportunities to one gender and indirect discrimination like banning beards, which could affect some religious groups.

Health and Safety
Employers have a general duty to assess and take reasonable steps to control risks to your health and safety. There are specific responsibilities for particular industries such as construction, offshore oil and gas, health and social care, equipment (e.g. vibrating machinery) and substances like asbestos and biocides.

Parenthood
Mums are entitled to 52 weeks’ maternity leave and dads to two weeks’ paternity leave plus any allowance unused by the mother (up to a further 26 weeks). Depending on how long you’ve worked for the employer, you might qualify for maternity or paternity pay. As well as this, both parents can take parental leave up to a total of 18 weeks before the child turns 18.

Termination of Employment
Once you’ve worked for your employer for two years (or one year if you started before 6th April 2012) you are protected from unfair dismissal. These means that your employer has to follow a fair process before terminating your employment (for example giving you a warning), and must have a valid reason for the dismissal. Some reasons for dismissal are considered automatically unfair (e.g. for trying to enforce your employment rights). Automatically unfair dismissal is unlawful regardless of how long you’ve worked for the employer.

Remember that these are the minimum standards employers have to meet. It might be the case that your employment contract gives you, for example, more holidays or parental leave. In this case that takes precedence.

If you believe that your employment rights have been breached the best first step is to have a discreet chat with your line manager or with human resources. Most employers take their legal obligations towards staff very seriously and will quickly take steps to sort out your problem. If this doesn’t work you’ll have to make a formal written complaint (a “grievance”). Your employer should arrange a hearing to discuss your grievance and give it fair consideration. There are several bodies that can advise you on your employment rights and help you if they are breached. These include the Citizens Advice Bureau, your trade union or employee representative body, or Acas (the Advisory, Conciliation and Arbitration Service). In the unlikely event that you have to take legal action to enforce your rights or get compensation you should always consult qualified employment solicitors.

Dominic Higgins graduated in 2005 from University College London with a degree in Law. After graduating Dominic worked as a legal adviser in the South Africa and the UK; he has particular expertise in Employment and Commercial law. Dominic presently works for Contact Law as a contributing writer. If you are worried your employment rights have been breached, visit Contact Law to find out how our employment solicitors can help you today.