Employment Rights

Guide to your basic rights at work

mployment rights are designed to balance the expectations of the job with the fair treatment of the worker doing it. Your exact employment rights will vary depending on the kind of job you do, the arrangement you have with your employer and many other variables. Your rights at work come from both your statutory rights and your employment contract.Statutory rightsStatutory rights are essentially legal rights which nearly all workers are entitled to. While there are some exceptions, as a worker you are generally entitled to these rights, and, in most cases, you will have the following statutory rights as soon as you begin work:You must be paid at least the National Minimum WageYour employer must not make illegal deductions from your payYou must receive an itemised payslip which breaks down your wage and any deductionsYou should receive a written statement explaining the main terms and conditions of your job within two months of startingYou have the right to a certain amount of paid holiday each year, as well as being able to take paid time off for antenatal care, maternity, paternity and adoption leave – see our section on time off work for more informationYou have the right to take unpaid time off to attend trade union activities, or for study or training if you are aged 16 – 17, as well as the right to a reasonable amount of unpaid leave to look after dependents in an emergency – see our section on time off work for more informationUnder health and safety laws, you must be granted daily and weekly rest breaks, and you cannot ordinarily be forced to work more than 48 hours a week – see our health and safety section for further detailsYou must not be discriminated against in the workplace – see our discrimination section for further detailsYou should not be dismissed or treated unfairly at work if you become a ‘whistleblower’ (someone who exposes suspected wrongdoing in their workplace)If you have been working for an employer for at least a month, they must give you notice if you are to be dismissed – see our page about work coming to an end for more detailsIf you are dismissed while pregnant or on maternity leave, you are entitled to receive a written explanation of the reason from your employerIf you are attending a disciplinary or grievance hearing, you have the right to be accompanied by a trade union representativeIf you are a part-time worker, you should have the same contractual rights as a full-time worker in a similar role (though entitlement to holiday and similar rights will be calculated on a pro rata basis)If you are a fixed-term employee, you should have the same contractual rights as a permanent employee in a similar roleAfter six months (26 weeks) of working for an employer:You have the right to submit a request for flexible workingAfter a year of working for an employer, you will usually gain the following statutory rights:You should be allowed to take unpaid parental leaveIf you started your job before 6th April 2012 and you are dismissed by your employer you have the right to receive a written explanation of the reasonIf you started your job before 6th April 2012, you can claim compensation if you are unfairly dismissedAfter two years of working for an employer, you should normally gain these further statutory rights:You can take paid time off to look for work if you are being made redundantYou can claim redundancy pay if you are being made redundantIf you started your job on or after 6th April 2012 and if you are dismissed by your employer you have the right to receive a written explanation of the reasonIf you started your job on or after 6th April 2012, you can claim compensation if you are unfairly dismissedContractual rightsYou may have some rights at your job that are set out in your contract or the terms and conditions of your employment, rather than being required by law. However, once these have been agreed upon, your employer must abide by them – if they do not, they could be held liable for breach of contract.For more information on these, visit our page on contractual rights and terms and conditions.Pay rightsPerhaps some of the most important rights at work are those relating to the payment you receive for the job you do. These rights cover issues such as how much and how often you are paid, how you should receive your wage, and other such vital issues. For an explanation of your pay rights at work, take a look at our pay and wages section.

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Employment Rights

Guide to your rights at work

Employment rights are designed to balance the expectations of the job with the fair treatment of the worker doing it. Your exact employment rights will vary depending on the kind of job you do, the arrangement you have with your employer and many other variables. Your rights at work come from both your statutory rights and your employment contract.

Statutory rightsStatutory rights are essentially legal rights which nearly all workers are entitled to. While there are some exceptions, as a worker you are generally entitled to these rights, and, in most cases, you will have the following statutory rights as soon as you begin work:1. You must be paid at least the National Minimum Wage.2. Your employer must not make illegal deductions from your pay.3. You must receive an itemised payslip which breaks down your wage and any deductions4 .You should receive a written statement explaining the main terms and conditions of your job within two months of starting.5. You have the right to a certain amount of paid holiday each year, as well as being able to take paid time off for antenatal care, maternity, paternity and adoption leave – see our section on time off work for more information6. You have the right to take unpaid time off to attend trade union activities, or for study or training if you are aged 16 – 17, as well as the right to a reasonable amount of unpaid leave to look after dependents in an emergency – see our section on time off work for more information7. Under health and safety laws, you must be granted daily and weekly rest breaks, and you cannot ordinarily be forced to work more than 48 hours a week – see our health and safety section for further details8. You must not be discriminated against in the workplace – see our discrimination section for further details9. You should not be dismissed or treated unfairly at work if you become a ‘whistleblower’ (someone who exposes suspected wrongdoing in their workplace).10. If you have been working for an employer for at least a month, they must give you notice if you are to be dismissed – see our page about work coming to an end for more details.11. If you are dismissed while pregnant or on maternity leave, you are entitled to receive a written explanation of the reason from your employer.12. If you are attending a disciplinary or grievance hearing, you have the right to be accompanied by a trade union representative.13. If you are a part-time worker, you should have the same contractual rights as a full-time worker in a similar role (though entitlement to holiday and similar rights will be calculated on a pro rata basis).14. If you are a fixed-term employee, you should have the same contractual rights as a permanent employee in a similar role.After six months (26 weeks) of working for an employer:You have the right to submit a request for flexible workingAfter a year of working for an employer, you will usually gain the following statutory rights:1. You should be allowed to take unpaid parental leave.2. If you started your job before 6th April 2012 and you are dismissed by your employer you have the right to receive a written explanation of the reason.3. If you started your job before 6th April 2012, you can claim compensation if you are unfairly dismissed.After two years of working for an employer, you should normally gain these further statutory rights:1. You can take paid time off to look for work if you are being made redundant.2. You can claim redundancy pay if you are being made redundant3. If you started your job on or after 6th April 2012 and if you are dismissed by your employer you have the right to receive a written explanation of the reason4. If you started your job on or after 6th April 2012, you can claim compensation if you are unfairly dismissedContractual rightsYou may have some rights at your job that are set out in your contract or the terms and conditions of your employment, rather than being required by law. However, once these have been agreed upon, your employer must abide by them – if they do not, they could be held liable for breach of contract.For more information on these, visit our page on contractual rights and terms and conditions.Pay rightsPerhaps some of the most important rights at work are those relating to the payment you receive for the job you do. These rights cover issues such as how much and how often you are paid, how you should receive your wage, and other such vital issues. For an additional explanation of your pay rights at work please email us here.

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Human Rights Act 1989

What rights does the Human Rights Act protect?The right to life: protects your life, by law. The State is required to investigate suspicious deaths and deaths in custody.The prohibition of torture and inhuman treatment: you should never be tortured or treated in an inhuman or degrading way, no matter what the situation.Protection against slavery and forced labour: you should not be treated like a slave or subjected to forced labour.The right to liberty and freedom: you have the right to be free and the State can only imprison you with very good reason – for example, if you are convicted of a crime.The right to a fair trial and no punishment without law: you are innocent until proven guilty. If accused of a crime, you have the right to hear the evidence against you in a court of law.Respect for privacy and family life and the right to marry: protects against unnecessary surveillance or intrusion into your life. You have the right to marry and enjoy family relationships.Freedom of thought, religion and belief: you can believe what you like and practise your religion or beliefs.Free speech and peaceful protest: you have a right to speak freely and join with others peacefully, to express your views.No discrimination: everyone’s rights are equal. You should not be treated unfairly – because, for example, of your gender, race, disability, sexuality, religion or age.Protection of property: protects against state interference with your possessions.The right to an education: means that no child can be denied an education.The right to free elections: elections must be free and fair.

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