Written by Robert Cottingham – v2lawblog
This quick guide will outline the different rights you have as an employer or employee. Stay tuned for a more detailed guide on employees rights ‘Statutory Workers Rights’.
As an employee you have the right to:
- A contract of employment, although it need not be written.
- An itemised payslip
- Be paid the national minimum wage (£6.19 per hour for workers aged 21 and over)
- Mandatory holiday (a statutory 28 days per year), your employer may offer more than this
- Appeal a decision made by your employer on the grounds of discrimination
- The right to take days off for sickness and be paid sick pay, this is normally the same as regular pay.
- Right to unpaid leave for jury duty
- The right to join a union and to time off for union activity
- The right for flexible working times if looking after young children
- Duty of trust and confidence
An employer breaches his duty of confidence
- If he allows the worker to be sexually harassed by colleagues
- Imposes disciplinary sanctions without any kind of disciplinary procedure
- Gives benefits to all but one employee.
You do not have to disclose ‘spent’ convictions and your employer cannot access your criminal record (this does not apply to doctors, teachers or nurses).
Your employer can:
- Discipline or fire you, but you are entitled to representation.
- Deduct from your wages if you have been overpaid or to reclaim losses from theft of company
- Ask you to take a medical, but if it involves drug testing must give reasons why he considers such testing to be necessary.
Whistle blowing is legal, provided that:
- A criminal offence has been, is about to be, or is likely to be committed.
- A person has failed, or is about to fail to comply with a legal obligation imposed upon them. This includes an obligation imposed upon them by a contract of employment.
- The health and safety of any person has been, or is being or is likely to be endangered.
- A miscarriage of justice has occurred, is occurring, or is likely to occur.
- The environment has been, or is being, or is likely to be damaged.
- Information tending to show that one of the above matters has been, or is likely to be deliberately concealed. (this information comes from the Liberty website)