The TUC publishes a series of free booklets explaining your rights at work and dealing with other common workplace problems.

Your job and the law

What everyone should know about their rights at work

Contents of this page:

Everyone at work has basic legal rights, and there are new ones on the way thanks both to Europe and new laws from the government.

This page provides an introduction to those rights, and shows how a union can help you make

Good employers normally provide far more than your minimum rights. They realise that a workforce that is treated well and with respect is more likely to be loyal and productive. But many are not lucky enough to work for a good employer, and things can go wrong even in the best workplaces. That's why everyone at work should have a basic knowledge of their legal rights.

Of course in a short section like this we cannot describe all the detail. Employment law can be complex and you should always take further advice. Your own rights will depend on your own circumstances, and you cannot rely on a page like this as detailed legal advice.

The TUC has more detailed information on rights at work in a series of leaflets and pamphlets. To find out what's available and to get free copies ring the TUC's know your rights line 0870 600 4 882. For a list of the available leaflets and to access the information on the website, click on the Know Your Rights section.

If you are in a union you can also ask them for advice. Unions are experts at solving problems at work.

Other sources of further advice include your local Citizen's Advice Bureau, a local Law Centre or one of the help lines run by ACAS - a government funded service for employees and employers. You can find contact details by clicking on the links to the websites for these organisations, or by looking them up in your local phone book, or at your local library. There are more useful contacts on this page.

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Your contract of employment

Most employers will give you a written contract of employment as soon as you have accepted a job or on your first day of a new job.

Sometimes you may be given a contract of employment without realising it. It could be contained in your letter of appointment. It might be called something different such as a staff handbook. It is not unusual to find a note at the front of a staff handbook saying which sections are part of the legal contract of employment and which bits simply supply useful information.

Are you an employee or a worker?

Even if your employer does not give you a written contract, some kind of basic contract exists in law as soon as you are paid. But although many people think this is a contract of employment it may not be so.

This is because you can work for somebody or an organisation in two ways. Most people are employees, and should have a contract of employment. It may be for a fixed term, but while an employee you get the legal rights set out on this page.

The alternative is a "contract for services". This is where you are paid to carry out a particular task in return for a fee of some kind. In this situation you are self-employed and do not have rights as an employee. Confusingly the Inland Revenue use a different definition of self-employed, so it is perfectly possible to end up with no employee rights but to be treated as an employee by the tax office.

Of course many people are genuinely self-employed and happy to be so, but some employers abuse this and use bogus self-employment as a way round providing proper rights. If this applies to you in legal jargon you are a worker but not an employee.

The law is getting tougher on this abuse. Already the minimum wage applies to workers whether or not they are employees.

Two kinds of employment right

The contract of employment is a very important document.

This is because everyone at work will have two kinds of rights at work. The first are those given to you by the law most of which are covered on this page. These are called statutory rights.

The second are those provided by your contract of employment. They will be different for every job. Normally they will be better than the legal minimum or cover areas where there are no statutory rights. These are called contractual rights. (The only case where a contract of employment can reduce your statutory rights is that employees on fixed term contracts of more than two years can sign away their right to statutory redundancy pay.)

Both types of employment rights can be enforced in law. Usually this will be done in an Employment Tribunal.

Because contractual rights vary from job to job we cannot describe them on this page, but if you think your employer is acting against your contractual rights, take further advice from your union or an advice agency.

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Your rights timetable

Not all employment rights start from your first day at work. Your contract of employment may set out how you get extra or better rights once you have been in your job for a period of time. For example, holiday rights often increase with length of service.

The same is true of your statutory rights. This section both provides an introduction to your employment rights and tells you how long you have to wait before you enjoy them.

When you apply for a job

You should not be discriminated against in a job selection process because of your sex, race, disability or because you are a trade union member.

From your first day at work

  • You should be given a statement showing how much you earn and  any deductions that will be made from your pay. (This is not the same as a contract of employment, although a contract of employment can contain this information.)

  • Time off for maternity leave even if you were pregnant when you started the job.

  • Emergency leave.

  • Time off for antenatal care

  • Protection from dismissal on some limited grounds including pregnancy, whistle-blowing and trade union activity.

  • Working time rights.

  • You have the right not to be discriminated against for reasons of your sex including being pregnant, your race or any disability, or for being a member of a trade union .

  • You have a right to equal pay with members of the opposite sex doing the same or a comparable job to you.

  • A minimum wage of £4.20 an hour (£3.60 if you are 18 to 21). This increases to £4.50 on 1 October 2001. More information on the minimum wage can be obtained from the government's minimum wage helpline 0845 845 0360, which can also be used to make an official complaint or provide a tip-off that an employer is breaking the law.

  • You are entitled to work in a place which is safe and does not cause you to injure yourself or become ill. For health and safety rights see the health page.

  • You have a right to time off to study if you are 16 or 17 years old.

  • You have a right not to have deductions made from your pay unless you have agreed to them.

  • You have a right to time off for public or trade union duties.

  • You can claim breach of contract if your employer sacks you without giving you the agreed notice, or breaks some other term in your contract of employment.

  • If you are paying National Insurance contributions, you can claim Statutory Sick Pay after you have been off sick for four days in a row.

  • You have a right to be accompanied by your trade union or a workplace colleague in a disciplinary or grievance procedure.

After a month

  • One week's notice of dismissal

  • Payment if you are suspended on medical grounds

  • Wages if you are laid off

After two months

A written statement of your terms of employment which must include your pay, hours, where you are expected to work, holidays and other benefits such as pension entitlement. While the written statement is not a contract of employment, it is very important that you have one as it can be used if necessary in a court or tribunal if problems do arise.

After one year

  • After one year, you are entitled to claim unfair dismissal if your employer sacks you without good reason, or without allowing you to go through a proper dismissal procedure at work. You are also entitled to written reasons for dismissal from your employer. You cannot be made to "waive" your right to claim unfair dismissal, even if you are on a short term contract.

  • You can take up to 13 weeks unpaid parental leave to care for a child during its first five years. Rights also apply to adopted children and are better if the child is disabled.

After two years

You can claim statutory redundancy pay if your job has ended and no-one has been taken on to do it. The amount depends on your age, your pay and your length of service. You may get more if your contract provides for it.

More new rights:

From Spring 2000, there have been new rights in the workplace:

  • the right to take a trade union representative or fellow worker into a disciplinary or grievance hearing;

  • the right for your trade union to be recognised by the employer to negotiate your working conditions if the majority of employees want it;

  • the right to claim unfair dismissal during the first eight weeks of a lawful strike if you are sacked for taking part in the strike;

  • the right to claim compensation if you are discriminated against at work or when applying for a job as a result of your employer using a "blacklist" of trade union members;

  • you may have the right to be defined as an "employee" even if you are working on a casual contract or via an agency, which means that you will get all the protection in the workplace described above;

  • better protection for agency workers (call the TUC's know your rights line 0870 600 4 882 for a special leaflet or click on the link for the appropriate page on this website about rights for agency workers)

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Take a break! - Your working time rights

People in Britain work longer hours than anywhere else in Europe. Many, particularly parents, say balancing work and home is their biggest problem.

But you can now say no to some of the worst excesses thanks to Europe's working time directive. Although some groups are not covered, most workers are entitled to:

  • four weeks' paid holiday a year;

  • 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;

  • a ceiling of an average of eight hours night work in every 24;

  • free health assessment for night workers.

And young people's rights are better.

But working time rights are complicated. You can get two helpful free pamphlets, click on the relevant links to access the information on this website. Take a Break! deals with rest breaks and holidays. Get a Life! looks at the 48 hour week and night work.

The Department of Trade and Industry's Workright number is 0845 6000 925. Use this to get copies of free government literature on the working time directive.

The Health and Safety Executive infoline on 0541 545500 or the environmental health department of your local council can help with queries on the 48 hour week and night work.

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Family friendly? - rights for parents

New rights for all new parents and better maternity rights are beginning to help make work more family friendly.

Maternity leave and Maternity pay
Updated April 2007- see Maternity page

Paternity leave and pay
Updated April 2003- see Paternity page

Adoption leave and pay
Updated April 2007- see Adoption page

Parental leave

For every child including adopted children mums and dads are entitled to take up to 13 weeks unpaid parental leave before the child's fifth birthday (or the fifth anniversary of the adoption). But it must be taken in blocks of at least a week, and no more than 4 weeks can be taken in any one year. You must give 21 days notice, and an employer can make you postpone it for up to six months except when you are asking for leave when your child is born or adopted. Many employers will probably be more flexible about some of these conditions. Parents of disabled children can take single days off and the leave can be taken up to the child's 18th birthday.

Emergency family leave

People are now entitled to unpaid leave for family emergencies when you have to care for a child or other dependant such as an elderly parent in an emergency.

For more information ask the TUC download the leafelte of time off for families.

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I've just got the sack! - your dismissal rights

If you have just lost your job your rights will depend on how long you have worked for your current employer and why you have been sacked. Losing your job is about the worst possible thing that can happen to you at work and you should take further advice from your union (who are experts at dealing with this kind of issue) or another advice agency.

There are three basic ways you can lose your job:

  • through redundancy (this is when your job is no longer required);

  • you have been dismissed fairly - this will be either because of serious misconduct by you, because you cannot do your job properly or because you do not enjoy legal protection from unfair dismissal;

  • you have been unfairly dismissed and can take your employer to a Tribunal.

Threatened with the sack? Check your rights here

Are you an employee?

(Not all workers are employees. As well as the obviously self-employed, other workers can find that they are not employees in the strict legal sense)

 no

 

There's probably nothing you can do, but it may be worth seeking further advice based on your own circumstances.

yes

Have you lost your job because

  • you are pregnant
  • of your sex, race or disability
  • you refused to undertake dangerous or unsafe activities which posed a threat of physical injury
  • you tried to join a union
  • you 'blew the whistle' on wrong-doing at work
  • you asserted your right to be paid the minimum wage or took action against your employer for a breach of employment law
 yes

You have probably been unfairly dismissed.

You can take a case to an Employment Tribunal. It does not matter how long you have worked for your current employer - all dismissals on these grounds are automatically unfair (though employers will normally say that dismissal was for another reason.)

 

no

Have you worked for your employer for more than one year?

 no

There may be nothing you can do. Unless your dismissal came about through one of the special cases above, your employer can dismiss you without saying why.

However you should look at your contract of employment. If this contains procedures such as notice periods or the promise of a formal hearing that were not followed then you may have a case. Seek advice.

yes

Does your employer say you are being made redundant?

yes

You are only redundant if your job has ended, and no-one is being taken on to do your job.

Employers may select people for redundancy but they cannot discriminate on grounds of sex, race or disability.

If there are any procedures for redundancy in your contract of employment then these must be followed.

If there are more than 20 redundancies in a year then your employer must consult with the workforce. If there is a recognised union this should be with union reps. If there is no union then special reps must be elected. The consultation allows reps to argue the company should think again, to change the criteria by which people are selected for redundancy (say by increasing redundancy pay or early retirement pensions and asking for volunteers) and/or to argue for more help such as training or job search for those who are to go.

Has your employer followed these procedures properly? 

no

Have you lost your job because:

  • you cannot do it properly
  • of serious misconduct by you
  • of some legal requirement
  • you are over 65 and made to retire

yes

As long as your employer has followed proper procedures then you can be fairly dismissed for any of these reasons.

However if you have any doubts you should take advice. You may have a successful Tribunal case if an employer has not got a fair system for judging conduct or capability. From sometime in Spring 2000 any employee facing disciplinary hearing can take a workmate or union official in with them. If this is denied then you may have a case.

A Tribunal may also disagree with an employer's judgement that your misconduct was serious enough to be punished by dismissal or that you could not do your job properly.

If your employer cannot prove that you have been dismissed for one of the reasons given above then you have been unfairly dismissed.

yes

You are entitled to redundancy pay if you have worked for your employer for more than two years. The amount depends on your age, length of service and pay. Many employers will be more generous than these legal minimums.

  • aged 18-21 - half a week's pay for each year of service
  • aged 22-40 - one week's pay for each year of service
  • aged 40-65 - one and half week's pay for each year of service.

But weekly pay more than £240 is not counted and no more than 20 years service can be taken into account.

no

You may have a case.

What can a tribunal do?

A Tribunal can order an employer to give you your job back. However this is fairly unusual. Usually they will order your former employer to pay you compensation.

The upper limit for compensation has just been increased to £51,700 plus an allowance for each week's pay lost up to a limit of £240 a week. This does not mean that everyone will get this much. The average award is much less - at around £3,000.

For more about tribunals.

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Treated unfairly?

The law protects everyone at work from being discriminated against because of their race, their sex or a disability. This protection covers pay and conditions, promotion and all treatment at work, including the job interview.

There is no legal protection against discrimination on other grounds such as age or because you are gay or lesbian. But if you are sacked on these grounds, and you have worked for the same employer for more than a year you might be able to claim unfair dismissal.

This is an area where you will need further advice. Your union should help or you can contact a Citizens Advice Bureau:

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Health and safety

You have both rights and responsibilities under health and safety law.

  • Your employer has a duty to make sure you are not injured or made ill at work.

  • You have a duty to work safely by co-operating with your employer, and following safety guidelines.

  • Your employer has a duty to train you to deal with health and safety issues.

  • All workplaces must have an accident book in which work related injuries must be recorded.

  • Your employer must inform and consult you or your union representative on all health and safety issues.

  • You have a right to refuse to do something dangerous if you feel you are in 'imminent and serious danger'. If your employer disciplines you, you are entitled to compensation. But you should raise your concerns first work you do. Click on the link to access specific health and safety advice or phone the TUC's know your rights line on 0870 600 4 882 and order a helpful leaflet that answers common health and safety questions at work. Or speak to your manager or union safety rep.

  • There are many special regulations about the handling of dangerous substances or processes and the use of machinery. These normally have to be displayed or made available to staff. Read them carefully.

Unions are experts in health and safety. If you are in a union they are likely to be able to give you expert advice about the safety questions.

You can also call the Health and Safety Executive, who enforce and advise on the law. (0541 545500 or look in your local phone book).

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Getting your rights

Employers deny you your rights for a mix of reasons.

Sometimes it is because they are ignorant of their responsibilities. Sometimes it's because they have always managed to get away with it, but will back down if challenged. And sometimes it's because they rely on fear and exploitation to keep down business costs.

There is a legal remedy for all the rights described on this page. But that does not mean it is always an easy process. Bad employers do victimise staff who insist on their legal rights. They may be prepared to sack you and face the consequences of paying compensation to you, although now this has gone up to a maximum of £51,700 they may have second thoughts. Of course if you have already been sacked then you have nothing to lose. Sometimes genuine differences of view about what the law really means have to be resolved in a court or Tribunal.

The best way to proceed is to take advice from your union, or if you are not a member find out the best one for you and your colleagues to join, and then take its advice. To find out this information online, complete our form or visit the workSMART unionfinder. Otherwise consult an advice agency.

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Taking a case to an Employment Tribunal

Employment Tribunals are a special kind of court that deals with employment issues. They are more informal than courts of law. Sometimes lawyers are involved, but in more straightforward cases people will use a union officer, someone from an advice agency or present their own cases.

Costs cannot normally be recovered in Employment Tribunal cases so if you employ a lawyer you will have to pay their fee out of any damages or compensation you win. Neither is legal aid available for representation so if you do not win, you will have to pay your own legal bills if you are represented by a lawyer. In some cases you may be able to get legal aid for advice on whether you have a good case.

While some people have represented themselves successfully, we would not advise this. You should contact your union, or if you are not a union member then you should take advice about how to proceed.

It is important to understand that most complaints must be made within three calendar months of the event happening. This is extended to six months for redundancy and equal pay issues.

To make a case to an Employment Tribunal you need to fill in a form called an ET1. You can get either from your union, your local Jobcentre or Unemployment Benefit Office. More information can be obtained from the Employment Tribunal Service Line 0345 959775.

Most cases in Employment Tribunals are about unfair dismissal. But these are just some of the other cases they can consider:

  • unauthorised deduction from wages

  • sex, race and disability discrimination

  • assertion of a statutory right

  • equal pay

  • failure to receive the National Minimum Wage

  • complaints under the Working Time Regulations

  • redundancy (statutory compensation and unfair selection for)

  • maternity leave issues

  • trade union discrimination

  • refusal to allow time off for public and/or trade union duties including training

  • breach of contract (on dismissal)

  • written reasons for dismissal

  • complaints re: medical suspension, guaranteed pay, TUPE complaints, unfair selection for dismissal of those taking part in protected industrial action

  • whistle-blowing

  • Sunday working

  • Occupational Pension scheme trustees time off

  • health & safety representative's time off

  • 16/17 year olds time off for study

  • asserting right to family tax credit

  • consultation about collective redundancies and transfers

  • insolvency

  • statement of wages and right to a written statement of employment particulars

  • Parental Leave.

And the new rights coming on stream will generate more work for Tribunals.

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More advice

We have given out a number of useful numbers at appropriate places in this leaflet. Another source of advice are ACAS public enquiry points. ACAS is a public body that promotes good workplace relations.

Birmingham 0121 456 5856

Bristol 0117 974 4066

Cardiff 029 2076 1126

Fleet 01252 811868

Glasgow 0141 204 2677

Leeds 0113 243 1371

Liverpool 0151 427 8881

London 020 7396 5100

Manchester 0161 228 3222

Newcastle 0191 261 2191

Nottingham 0115 969 3355

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Unions today - your friend at work

Many of the new rights described on this page have been won by union campaigning. And without union help and assistance many workers won't get the full benefit of the new deal at work.

Everyday unions help thousands of people at work. Last year unions won a record £330 million compensation for their members through legal action. They won £1 million in equal pay claims - an average of £15,000 per member.

And of course unions help negotiate better pay and conditions.

But unions are not just there when something goes wrong. Union workplaces are safer, and more likely to help employees get on with better training and development programmes. Unions themselves provide training and services like legal advice.

And in the best workplaces employers and unions have put behind them outdated ideas of confrontation and work together in partnership.

Partnership employers recognise that staff morale and commitment are improved when they are treated well, have their views taken into account and enjoy job security. And in return staff take more pride in their work and are more ready to embrace the changes modern firms often need to compete.

Unions take on the bad employers, and work with the good to make them better.

To find out more about joining a union visit the workSMART unionfinder

This page http://www.tuc.org.uk/tuc/rights_joblaw.cfm
printed 7 February 2012 at 05:00 hrs by 38.107.179.232