Employment Rights and Responsibilities
As a leading legal firm specialising in employment law, Beecham Peacock has collated a list of legal requirements and entitlements to help employees remain on the right side of employment law and contractual rights. If you want further advice or assistance then please contact our Newcastle office on 0191 232 3048.
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Written Statement of Terms of Employment
An employee has the right to a written Statement of Terms of Employment within two months of starting work. This document must include certain specific details relating to the employee’s employment.
National Minimum Wage
All workers have the right to the National Minimum Wage. More information can be found on the HMRC website.
When a worker starts work their employer should tell them the day or date when they will be paid and by what method payment will be made.
An employee has a right to an itemised payslip. This right applies from the day the employee starts work.
An employee has the right not to have illegal deductions made from their pay. This right applies from the day the employee starts work.
A worker has the right to paid holiday. Full time workers are entitled to at least 5.6 weeks of leave per year. Part-time workers are entitled to a pro rata amount.
Trade Union Duties
An employee has the right to take time off for Trade Union duties and activities. This right applies from the day the employee starts work. The time off does not necessarily have to be paid.
Disciplinary and Grievance Hearing
An employee has the right to be accompanied to a disciplinary or grievance hearing by a Trade Union Representative or work colleague.
Flexible Working Hours
An employee has the right to make a request for flexible working provided they meet certain criteria. An employer has an obligation to give the request serious consideration and have a good business reason if they decide not to agree to the request.
Maximum 48 Hour Working Week
A worker has a right under the Working Time Regulations 1998 to work a maximum 48 hour working week (on average). This right applies from the day the worker starts work.
Regular Rest Breaks
A worker has the right under the Working Time Regulations 1998 to weekly and daily rest breaks. This right applies from the day the worker starts work.
A worker has the right not to be discriminated against on the grounds of their sex, race, disability, sexual orientation, age, religion or belief, gender reassignment, pregnancy and maternity, marriage and civil partnership. This right applies from the day the worker starts work.
Notice Of Dismissal
An employee has the right to receive notice of dismissal from his or her employer provided that they have worked for their employer for at least one calendar month.
Written Reasons for Dismissal
An employee has the right to receive a written statement of the reasons for their dismissal if they have completed at least one year’s continuous employment.
Unfair Dismissal Compensation
An employee has the right to claim compensation if they are unfairly dismissed. In most cases an employee will have to have worked for their employer for two years to be able to claim unfair dismissal.
Employee Redundancy Process Consultation
An employer has an obligation to consult with any employees that could be affected by a redundancy situation. The consultation should aim to provide employees with a way to influence the redundancy process.
Collective Redundancy Representation
If an employer intends to make 20 or more employees redundant at one establishment within a 45-day period, they should consult with employee representatives. If the employer intends to make between 20 and 99 employees redundant they must consult at least 30 days before the first dismissal takes effect. If the employer intends to make over 100 employees redundant they must consult at least 90 days before the first dismissal takes effect. An employee might be able to make a claim to an Employment Tribunal for a ‘protective award’ if their employer does not begin consultation early enough, ends the consultation early or doesn’t consult properly. A ‘protective award’ can be up to a maximum of 90 days pay.
Redundancy Pay Entitlement
An employee has the right to claim redundancy pay if his or her job is made redundant. In most cases an employee will have had to work for two years to be able to claim a redundancy payment.
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