Rights of Employees
Rights of Employees
CONTENTS
Introduction
1. Workers and employees
2. Length of service
3. Contracts of employment
4. Written statement of terms
5. Statutory procedures and the LRA Code of Practice
6. Wages
7. Hours, holidays and rest breaks
8. Sunday working
9. Time off provisions
10. Maternity, paternity and adoption
11. Part time workers
12. Fixed term employees
13. Discrimination
14. Whistleblowing
15. Employment protection in health and safety cases
16. Termination of employment
17. Right to be accompanied to disciplinary and grievance hearings
18. Redundancy
19. Money owed on the insolvency of an employer
20. Transfer of Undertakings
21. Bringing a claim
22. Further information
23. Legislation
24. Useful contacts
INTRODUCTION
These notes deal with the main employment rights given to a person by legislation and with the enforcement of those rights. They should be viewed as creating a floor of minimum basic rights that can be built upon by negotiation with an employer. The great majority of rights dealt with may be enforced by complaint to an industrial tribunal.
Many of the rates (for instance, Statutory Sick Pay) referred to throughout, although accurate at time of writing, are subject to change. Accordingly, care should be taken when advising about the rates which apply.
There has been a significant change in the procedures which an employee is required to follow prior to making a claim to an industrial tribunal in respect of many of the rights discussed in Rights of Employees. The statutory grievance procedures will no longer apply (save in very limited circumstances) but a new Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures will apply in most cases. Further details on this are set out in section 5 of these notes. Failure to follow the Code of Practice could result in a financial penalty and accordingly, section 5 should be
CONTENTS
Introduction
1. Workers and employees
2. Length of service
3. Contracts of employment
4. Written statement of terms
5. Statutory procedures and the LRA Code of Practice
6. Wages
7. Hours, holidays and rest breaks
8. Sunday working
9. Time off provisions
10. Maternity, paternity and adoption
11. Part time workers
12. Fixed term employees
13. Discrimination
14. Whistleblowing
15. Employment protection in health and safety cases
16. Termination of employment
17. Right to be accompanied to disciplinary and grievance hearings
18. Redundancy
19. Money owed on the insolvency of an employer
20. Transfer of Undertakings
21. Bringing a claim
22. Further information
23. Legislation
24. Useful contacts
INTRODUCTION
These notes deal with the main employment rights given to a person by legislation and with the enforcement of those rights. They should be viewed as creating a floor of minimum basic rights that can be built upon by negotiation with an employer. The great majority of rights dealt with may be enforced by complaint to an industrial tribunal.
Many of the rates (for instance, Statutory Sick Pay) referred to throughout, although accurate at time of writing, are subject to change. Accordingly, care should be taken when advising about the rates which apply.
There has been a significant change in the procedures which an employee is required to follow prior to making a claim to an industrial tribunal in respect of many of the rights discussed in Rights of Employees. The statutory grievance procedures will no longer apply (save in very limited circumstances) but a new Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures will apply in most cases. Further details on this are set out in section 5 of these notes. Failure to follow the Code of Practice could result in a financial penalty and accordingly, section 5 should be
References: 13.5 Disability discrimination The Disability Discrimination Act 1995 (DDA 1995) makes it unlawful for an employer to discriminate against an employee or job applicant on the grounds of disability.