There are a number of statutory rights that are available to employees. Those individuals who have worker status, rather than employee status, also have rights.
Our expert Surrey solicitors at Howell Jones have listed their top ten employee rights you should know and understand.
1. Written Statement of Particulars of Employment
All employees and workers are entitled to a written statement of particulars of employment.
What is a written statement of particulars of employment?
A written statement of particulars of employment is a statement that must include certain information including the names of the employer and employee (or worker), the date when the employment is due to begin, the rate of pay and when this will be paid, details of hours of work, holiday entitlement, notice periods including during any probationary period, training and pension information.
2. Itemised Pay Statement: “Pay slip”
All employees and workers have a right to be given, at or before the time at which any payment of salary is made, a written itemised pay statement (commonly known as a “pay slip”).
The statement should include details of the gross salary, any deductions, the net salary and if the amount of salary varies due to the number of hours worked, details of this.
3. National Minimum Wage
The Government sets a minimum hourly rate of pay that an employer is obliged to pay to most workers and employees
4. Paid annual leave
All employees and workers are entitled to four weeks of annual leave in each leave year.
5. Right to be accompanied to a disciplinary or grievance hearing
Where an employee or worker is invited to attend a disciplinary or grievance hearing, they have a right to be accompanied at the hearing by one companion who is either a trade union representative or a colleague.
6. Right to payments and leave (family and pregnancy)
Employees have a right to receive various payments including statutory maternity pay, statutory paternity pay, statutory adoption pay, shared parental pay, parental pay and statutory parental bereavement pay.
They also have a right to take ordinary maternity leave, additional maternity leave, statutory paternity leave, shared parental leave and statutory parental bereavement leave.
7. Discrimination
Employees and workers have a right to not be treated less favourably because of their age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation (all protected characteristics).
8. Minimum notice period
An employer is required to give employees a minimum period of notice.
- If you are employed for one month or more but for less than two years, you must be given not less than one week’s notice;
- If you are employed for between two and twelve years, you must be given not less than one week’s notice for each year of continuous employment; and
- If you are employed for twelve years or more, you must be given not less than twelve weeks’ notice.
9. Statutory Redundancy Payment
An employee has a right to receive a redundancy payment if they are dismissed by reason of redundancy.
Any redundancy payment is subject to the employee being employed for two years or more and there is a statutory maximum that can be claimed.
10. Not to be unfairly dismissed
An employee has a right to not be unfairly dismissed by their employer.
The potentially fair reasons for dismissal are as follows:
- Conduct of the employee (including gross misconduct);
- The capability of the employee;
- Redundancy;
- A legal reason (for example, the employee can no longer legally do their job)); or
- “Some other substantial reason”
If you have any questions in relation to these employee rights or if would like any other employment law advice, please contact our employment law solicitor, Chloe Baxter, who will be able to set you on the right legal path.
