For most people, work is an important part of their lives, allowing them to find fulfilment or heartache. In Bermondsey and Rotherhithe, we have a culture of work that drives people hard and with long hours. Work often gives little back aside from wages or salary. In the UK however, employees have built up – over decades of industrial relations – a set of statutory rights that ensure everyone can rely on the law to support them over these items when in conflict with their employer.
Almost all workers, regardless of the number of hours per week they work, have certain legal rights. Sometimes an employee only gains a right when they have been employed by their employer for a certain length of time, and when this applies, the length of time before the employee gains the right is listed below. Unless you are in the group of workers who are excluded**, you will have the following statutory rights:
- the right to a written statement of terms of employment within two months of starting work
- the right to an itemised pay slip. This applies from the day the employee starts work.
- the right to be paid at least the national minimum wage. This applies from the day the employee starts work.
- the right not to have illegal deductions made from pay. This applies from the day the employee starts work.
- the right to paid holiday. Full-time employees are entitled to at least 28 days a year. Part-time employees are entitled to a pro rata amount
- the right to time off for trade union duties and activities. This applies from the day the employee starts work. The time off does not necessarily have to be paid. Employees also have the right to be accompanied by a trade union representative to a disciplinary or grievance hearing. If an employee takes part in official industrial action and is dismissed as a result, this will be an automatically unfair dismissal
- the right to paid time off to look for work if being made redundant. This applies once the employee has worked for two years for that employer
- the right to time off for study or training for 16-17 year olds. This applies from the day the employee starts work
- the right to paid time off for ante natal care. This applies from the day the employee starts work
- the right to paid maternity leave
- the right to paid paternity leave
- the right to ask for flexible working
- the right to paid adoption leave
- the right to take unpaid parental leave for both men and women (if you have worked for the employer for one year) and the right to reasonable time off to look after dependants in an emergency (applies from the day the employee starts work)
- the right under Health and Safety law to work a maximum 48-hour working week. This applies from the day the employee starts work
the right under Health and Safety law to weekly and daily rest breaks. This applies from the day the employee starts work. There are special rules for night workers
- the right not to be discriminated against. This applies from the day the employee starts work.
- the right to carry on working until you are at least 65
- the right to notice of dismissal, provided you have worked for your employer for at least one calendar month
- the right to written reasons for dismissal from your employer, provided you have worked for your employer for one year if you started before 6 April 2012 or two years if you started on or after that date. Women who are pregnant or on maternity leave are entitled to written reasons without having to have worked for any particular length of time
- the right to claim compensation if unfairly dismissed. In most cases to be able to claim unfair dismissal you will have to have worked for your employer for one year if you started before 6 April 2012 or two years if you started on or after that date
- the right to claim redundancy pay if made redundant. In most cases you will have to have worked for two years to be able to claim redundancy pay
- the right not to suffer detriment or dismissal for ‘blowing the whistle’ on a matter of public concern (malpractice) at the workplace. This applies from the day the employee starts work
- the right of a part-time worker to the same contractual rights (pro-rata) as a comparable full-time worker
- the right of a fixed-term employee to the same contractual rights as a comparable permanent employee.
These rights are those that are established by Act of Parliament and apply whoever you are employed by. As an employee, you may also have a range of further rights conferred by your contract of employment. These rights are specific to your employment and may not restrict or reduce your statutory rights, though they may enhance or extend them.
** Anyone who is not an employee, for example, an agency or freelance worker is not entitled to some statutory rights. However, most workers are entitled to certain rights such as the national minimum wage, limits on working time and other health and safety rights, the right not to be discriminated against and paid holiday.
To find out more about your rights at work, visit Advice Guide from the Citizens Advice Bureau or the Advisory, Conciliation and Arbitration Service (ACAS)