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Workplace guidance articles

'163' guidance listed
What should my employer do when they get my flexible working request?
The rules your employer must follow are set out in the Acas Code of Practice on handling requests to work flexibly in a reasonable manner. Your employer must consider your request and arrange to discuss it with you as soon as possible.
06 Apr 2024
Flex working
What am I entitled to as an apprentice?
As an apprentice you are an employee. Your basic rights include the right to a written contract of employment, statutory holiday pay, unpaid rest breaks, statutory sick pay and many more.
06 Apr 2024
Worker
What does flexible working mean, and do I qualify for it?
Flexible working refers to different patterns of working arrangements, including working part time, working from home; job-sharing and compressed hours.
06 Apr 2024
Worker
Under what circumstances can my employer refuse my request for flexible working?
Your employer may only turn down a request for flexible working for reasons directly affecting the business.
06 Apr 2024
Worker
How should I go about making a request for flexible working?
Your employer is not obliged to agree to your request, but they must deal with your request in a 'reasonable manner', and can only reject it for one of the specified business reasons. It is sensible to consider how you can demonstrate that none of these reasons apply, or how you can mitigate any potential problems.
06 Apr 2024
Worker
I think my employer is discriminating against me. What can I do?
Your first step will depend on who it is you believe is acting in a discriminatory way towards you, and choosing the right person to raise the issue with. If things don’t improve you should follow your organisation's grievance procedure. Your organisation may also have a separate procedure in place to deal with allegations of bullying or harassment, or even a helpline you can use. Some unions also offer a hotline you can use to access help and support.
22 Nov 2022
Working mother
I've applied for a job, but been rejected because of my appearance. Is that legal?
If an employer has refused you a job because of your physical appearance, the organisation may be engaging in unlawful discrimination. Discrimination will be no less unlawful just because it is subconscious or unspoken, or because it is based on ingrained or stereotypical assumptions. The employer may not even be aware that they are engaging in discrimination. There are rare exceptions of professions, such as modelling or acting, where an employer is still likely to discriminate openly and lawfully on grounds of physical appearance.
22 Nov 2022
Unhappy waitress
What kind of training is available at work?
Training opportunities should be provided continuously throughout every employee’s career, whether on an informal basis in the workplace or in a more structured format
15 Nov 2022
Group worker
Can I be dismissed without proper notice?
You can only be dismissed without proper notice if your employer genuinely and reasonably believes that you are guilty of gross misconduct, following a fair investigation.
10 Nov 2022
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What is wrongful dismissal?
Wrongful dismissal is a claim for breach of contract – the failure to give the proper amount of notice demanded by the contract.
10 Nov 2022
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What is the difference between dismissal with notice and without notice?
Your employment contract should state how much notice the employer must give you to bring it to an end. This notice must be at least equivalent to the statutory minimum notice, which is a week for each year of service up to a maximum of twelve weeks’ notice after twelve years’ service - unless....
10 Nov 2022
What does 'flexible working' mean?
Flexible working is any type of work arrangement that gives flexibility in how long, where and when people work. It includes flexi-time, remote and home working, mutually agreed-predictable hours and compressed hours.
09 Nov 2022
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How can a union help?
If you are a union member and your employer recognises your union, it is very likely that there are both formal and informal routes for resolving disputes open to your union workplace representative. As soon as you think you may have a problem, you should raise it with your union rep and seek their advice.
09 Nov 2022
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What rights does a union have when it is recognised?
Independent unions has a number of legal rights follow. These include the right to the disclosure of information by the employer for collective bargaining, reasonable paid time off for union learning rep (URLS) to carry out their duties and more...
09 Nov 2022
How much should I be paid?
Your contract of employment should contain a clear written term specifying your rate of pay and other pay elements, which are a matter of agreement between you and your employer. 
09 Nov 2022
worker serving coffee
Can my employer make deductions from my pay?
You have the right not to suffer 'unauthorised deductions from wages', but your employer may make lawful deductions from your pay...
09 Nov 2022
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How is holiday pay worked out?
Pay during holidays is calculated in the same way as a normal week’s pay. This simple but important principle was established after many years of litigating by trade unions, up to the level of the European Court of Justice. These cases have established that when on holiday, you should be paid the same pay as when you are working.
09 Nov 2022
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What is discrimination?
There are four types of discrimination: direct, indirect, victimisation and harassment. Our aim is to create working environments that are safe and welcoming, and in which everyone is treated fairly.
08 Nov 2022
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What is harassment?
Harassment can be defined as unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
08 Nov 2022
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What are the main health and safety regulations?
The main health and safety regulations include those for Display Screen Equipment, Personal Protective Equipment, Manual Handling Operations, Reporting of Injuries Diseases and Dangerous Occurrences and more...
28 Sep 2022
Worker
What is the Health and Safety at Work Act?
The  Health and Safety at Work Act  1974 (HASWA) lays down wide-ranging  duties  on employers. Employers must protect the 'health, safety and welfare' at work of all their  employees, as well as others on their premises, including temps,  casual workers, the  self-employed, clients, visitors and the general public.
28 Sep 2022
Worker
I'm leaving a job but haven't taken all my holiday allowance. Can I be paid for the days I lose?
When you leave your job, you should be paid for any holiday you have not been able to take during that holiday year.  However, your employment contract may entitle your employer to demand that you take your unused holiday when working out your notice. Check your written contract terms. 
28 Sep 2022
Worker
I quit my job without notice. Am I entitled to be paid for the period I've worked this month?
Yes. You are entitled to be paid your wages for the hours you worked up to the date you quit your job.
28 Sep 2022
Worker
Our employer has not paid us any money this week. What can we do?
Failure to pay  wages  for work done is an unauthorised deduction from wages. If the matter cannot be resolved, you are entitled to make a claim to an  employment tribunal. 
28 Sep 2022
Worker
I don't work Mondays. Will I miss out on bank holidays?
No. You are entitled to the equivalent number of days holiday (including bank holidays) in proportion to the hours you work as your full-time colleagues.
28 Sep 2022
Worker
If I go for a job interview, do I have to tell them that I'm pregnant?
No, you don't have to tell them anything. The fact that you are pregnant should not have any bearing on whether you are the right person for the job. and it is against the law to take your pregnancy into account in any way.
28 Sep 2022
Worker
Our employer asks us to turn up 15 minutes before work starts but doesn't pay us for this time. Shouldn't this come under our paid time?
If you are an hourly-paid worker, you should be paid the agreed contractual rate for every hour you are required to work. 'Work' includes time spent at the employer's premises and at the employer's disposal, even when you haven’t started on your tasks yet because you are getting ready for your working day. 
28 Sep 2022
Worker
What are my employer's duties under the Health and Safety at Work Act?
It is your employers duty to provide you with a safe and healthy workplace, including offering a safe system of work, safe equipment, carrying out a risk assessment and keeping staff informed about all potential hazards.
28 Sep 2022
Worker
What are the maximum hours I can be expected to work over an average working day?
Workers  covered by the  Working Time Regulations  1998 must not be required to work more than 13 hours per day and must not be required, against their wishes, to work an average of more than 48 hours a week.
28 Sep 2022
Worker
What is a constructive dismissal?
A constructive dismissal is where an employee resigns because of some very serious action or failure to act by the employer which causes the employee to reasonably believe that continuation of employment is impossible. 
27 Sep 2022
Worker
I am fed up with how I’m being treated by my employer and am thinking of resigning. What should I do?
Consider whether any other options are available to you. If you feel you have no alternative but to resign, seek advice before doing so.
27 Sep 2022
I have left my job anyway, but do I have a claim for constructive dismissal?
You would only have grounds to claim constructive dismissal if you resigned because of your employer's behaviour.
27 Sep 2022
Worker
What is an automatically unfair dismissal?
Dismissals that the law treats as so unacceptable that they are automatically unfair.
27 Sep 2022
Worker
What is meant by the term “a fair dismissal”?
In a claim to an employment tribunal, the employer has to show that the reason for the dismissal, or the principal reason if there is more than one, was one of the statutory fair reasons under the Employment Rights Act 1996.
27 Sep 2022
Worker
What is an unfair dismissal?
Unfair dismissals are terminations of employment by the employer where the reason for dismissal is not one of the statutory fair reasons or the reason for dismissal was for one of the statutory fair reasons, but the employer acted unreasonably in deciding to dismiss for that reason.
27 Sep 2022
Worker
How can I claim against my employer if I feel that I have been dismissed unfairly?
You should get advice quickly, as tribunal deadlines are short. The first step is to contact Acas.
27 Sep 2022
Worker
I have already raised a grievance with my employer. Who can accompany me to the meeting?
You have a legal right to be accompanied to a grievance meeting about your employer's failure to meet its obligations to you, either by a fellow worker or by a trade union official.
27 Sep 2022
Worker
I want my grievance heard by an independent manager. Can this be arranged?
To avoid any suggestion of bias or suspicion that your manager has already made his or her mind up, your grievance should be heard by a manager who has not been involved in the subject matter of the grievance.
27 Sep 2022
Worker
I have been made redundant. What payment am I entitled to?
If you are an employee with at least two years' service in your job, you are entitled to a statutory redundancy payment. This is normally paid by your employer, but the State will pay if your employer has gone bust.
27 Sep 2022
Worker
I have been told I will be made redundant. What are my rights?
Those being made redundant have legal rights, including redundancy pay for those with more than two years' service.
27 Sep 2022
Worker
My employer has offered me a different job, as an alternative to redundancy. Where do I stand?
You will need to think carefully. If you turn down a suitable alternative post that is offered by your employer before you are made redundant, your employer may be able to refuse to pay you a redundancy payment.
27 Sep 2022
Worker
Am I a worker, an employee or self-employed?
This depends on the contractual relationship you have with your employer. The distinction is important because many important rights – such as the right to claim unfair dismissal or maternity leave – depend on being an employee. For other rights, such as the right to be paid the National Minimum Wage, you must be a worker.
27 Sep 2022
Worker
What is the difference between implied and express terms in an employment contract?
The rights and duties of both employers and employees are found in the contract of employment. They are called 'terms' of the contract. 
27 Sep 2022
Worker
What is meant by ‘custom and practice’ in employment terms?
Some terms may be implied  through custom and practice in a particular trade or with a particular employer. Terms can also be implied by the conduct of the parties, meaning that they act in such a way that suggests a term has been agreed.
27 Sep 2022
Worker
Can my employer change my contract of employment?
A contract of employment is a legal agreement between the employer and the employee. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or collectively through a recognised trade union). 
27 Sep 2022
Worker
My contract terms say my employer can make changes without my agreement. Does this mean they can make any changes they want?
No, although this kind of contract term – which is increasingly common, especially in non-unionised workplaces – is designed to make it much easier for the employer to force through unpopular changes.
27 Sep 2022
Worker
What are our rights when our company is taken over?
If a business is transferred from one owner to another, your terms and conditions of employment are automatically transferred as well. The position with regards to occupational pensions is more complex. 
27 Sep 2022
Worker
How will a business transfer affect my pay and other terms and conditions of employment?
If a business is transferred from one owner to another, your terms and conditions of employment (except for pensions) are automatically transferred as well.
27 Sep 2022
Worker
What happens to my pension rights in the event of my employment being transferred to a new owner?
Occupational pension rights are excluded from TUPE protection and do not transfer. However, there is some limited statutory protection under the Pensions Act 2004 and the Transfer of Employment (Pensions Protection) Regulations 2005. 
27 Sep 2022
Worker
What is monitoring at work?
Monitoring is to some extent a routine part of the employer/employee relationship. Most employers make some checks on the quantity and quality of work produced by their staff, and employees will generally expect this.
27 Sep 2022
Worker
How should my employer approach monitoring at work?
Employers may want to monitor their workplaces for a variety of legitimate reasons, such as. to discourage theft or violence by members of the public. Workers will generally expect and accept some degree of monitoring as necessary – for example, monitoring can help ensure that workers in hazardous jobs are not at risk from unsafe working practices. 
27 Sep 2022
Worker
Do I have a right to know what information my employer has collected through monitoring me at work?
Yes. Data protection law gives you the right to know the type of personal information your employer holds about you, why that information is being held, how the information is being used or will be used, and who will be able to access that information.
27 Sep 2022
Worker
I'm concerned about email and web usage monitoring at my workplace. What should I do?
Because the Human Rights Act 1998 extends to the workplace, you have the right to a reasonable amount of personal correspondence and phone calls during work time. This does not mean that you have the legal right to use the work phone, email or internet for personal reasons.
27 Sep 2022
Worker
Is it illegal to take drugs or drink alcohol at work?
It is a criminal offence for any person knowingly to permit the production, supply, possession, and use of controlled drugs on their premises except in specified circumstances such as where they have been prescribed by a doctor. It is also illegal to drink alcohol in safety-sensitive jobs or if you drive.
27 Sep 2022
Worker
Should employers test workers for alcohol and drug use?
Drug and alcohol testing is highly controversial and raises issues of human rights and data protection. It is, however, becoming more commonplace.
27 Sep 2022
Worker
I have failed a drug or alcohol test administered by my employer. What will happen now?
It is very likely that your employer will view this failure very seriously and it is likely to have disciplinary consequences, including even dismissal. 
27 Sep 2022
Worker
I work through an agency. Am I an employee or a worker?
Some agency workers are 'temporary agency workers', engaged by an employment agency or business and sent to perform fixed term assignments at the premises of a different business (the 'hirer'). Other agency workers are permanent employees of the employment agency, directly employed by the agency and sent to work for different businesses.
27 Sep 2022
Worker
Who is responsible for my safety as an agency worker?
As an agency worker, your agency has a responsibility not to place you in a job for which you are not appropriately qualified. Your agency also has a legal duty to find out about any health and safety risks that may exist at the placement company, and what the placement company is doing to prevent and control those risks.
27 Sep 2022
Worker
What are the Agency Workers Regulations and what new rights do they give me?
The Agency Workers Regulations 2010 (AWR) give you the immediate rights to access collective facilities such as canteens and staff rooms as well as opportunities to apply for upcoming vacancies. After 12 weeks you have the right to equal treatment on pay, holiday and working time as well as improved pregnancy rights.
27 Sep 2022
Worker
What is the difference between a 'hazard' and a 'risk'?
A hazard is something that will cause harm, whereas a risk is the chance that any hazard will actually cause harm.
27 Sep 2022
Worker
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