Your Rights
Rights at work
All legal working migrant workers have the same rights at work as a UK workers.Your rights at work will depend on:
- your statutory rights (see below), and
- your contract of employment (see below).
Your contract of employment cannot take away rights you have by law. So if, for example, an employee has a contract which states they are only entitled to two weeks paid holiday per year, when by law all employees are entitled to four weeks paid holiday per year, this part of the contract is void and does not apply. The right the employee has under law (to four weeks holiday in this case) applies instead.
If your contract gives you greater rights than you have under law, for example, your contract gives you five weeks paid holiday per year, then your contract applies.
- 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 at least four weeks paid holiday per year
- 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 of 26 weeks and the right to return to work after this maternity leave. This applies from the day the employee starts work. If you have worked for 10 months or more for your employer, you will be entitled to additional maternity leave
- the right to paid paternity leave
- the right to paid adoption leave
- the right to ask for flexible working
- 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
- the right under Health and Safety law to work a maximum 48 hour working week.
- the right under Health and Safety law to weekly and daily rest breaks.
- the right not to be discriminated against on grounds of sex, race, disability, sexual orientation, religion or belief..
- 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. 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 you will have to have worked for one year to be able to claim unfair dismissal
- 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.
- 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.
You may also have additional rights which may be set out in your contract of employment. In particular, a part-time worker’s contract should be checked. If in doubt about whether or not you have any statutory rights you should consult an experienced adviser, for example, at a Citizens Advice Bureau.
Some employers may offer you a job without paying National Insurance or tax (known as “cash in hand or envelope”). This is against the law! Once they are breaking the law, it is very likely they will break other employment laws as well, especially those that protect you.
Harassment and discrimination
It is unlawful to discriminate against a person at work because of their:
- sex
- race
- disability
- colour
- nationality
- ethnic or national origin
- religion or belief
- sexual orientation.
Harassment is also a form of discrimination. Harassment can include verbal abuse, suggestive remarks and unwanted physical contact. You may also be discriminated against if you are victimised because you have tried to take action about discrimination.
Maternity leave:Are you a Mum-to-Be and in work? Most employed mothers can now take:
- 26 weeks paid ordinary maternity leave around the birth of the baby;
- An additional 26 weeks unpaid maternity leave after that
Your employer may offer better rights than the legal minimum and you need to check your contract of employment, your staff handbook, or perhaps a special leaflet that the personnel department may provide in larger organisations to find out your entitlement with your current employer.
Maternity rights are complicated, as everyone’s situation is different so you may need further advice than that which is offered in these questions, but here are some organisations you can go to for further help.
Parental leave is a right for both mothers and fathers to take time off work to look after a child or to make arrangements for the welfare of a child. The law provides a basic right for parental leave, which employers can then improve on. Many good employers will negotiate a better agreement with their staff than that laid down in the law.
As of the 6th April 2003, many people with children under 6, or disabled children under 18, now have a right to have their employer consider their request to work flexibly.
For more information look : http://www.worksmart.org.uk or http://www.tuc.org.uk/international/tuc-7982-f0.cfm
29 April 2005
If you have already registered on the Worker Registration Scheme, and have been working in the UK for 12 months, |
