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Workers' Rights

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Workers' Rights Workers’ Rights A guide for full-time and part-time workers Contents 1. Basic Rights for Everyone 2 2. Rights for Part-time Workers 9 3. Discrimination in the Workplace 10 4. Maternity and Parental Rights 12 5. Family Friendly Rights 16 6. Fixed-term Contracts 20 7. Sunday Working Rights 21 8. State Benefits 23 9. Usdaw’s Legal Plus – Looking After You and Your Family 24 1 Introduction This guide to your employment and benefit rights contains useful information for all Usdaw members. It can’t cover everything so contact your local Usdaw office for more information. If you need help, contact: You will also have contractual rights in addition to these statutory rights. Your rep at work. These contractual rights may be better Your Area Organiser. than the state minimums and provide The Legal Department at better cover because of the agreements Head Office. Usdaw has negotiated with your employer. The rights contained in this booklet are the basic state minimums and are Whatever your hours and wherever you called statutory rights. work, Usdaw will voice your concerns and stand up for your rights! Some information in this booklet will change each year – mostly in April. Make sure you have the latest copy. 2 1 Basic Rights for Everyone Rights from the day Itemised pay statement. you start work Unlawful deductions from wages. You are entitled to the following Dismissal because of pregnancy. statutory rights and protection from the Written reasons for dismissal during day you start work – it does not matter pregnancy/maternity leave. how many hours a week you work: Time-off for antenatal visits. Equal pay/equal value. 52 weeks’ maternity leave for all Sex discrimination/harassment. women. Gender reassignment discrimination. Sunday working rights. Sexual orientation discrimination. Dismissal/victimisation for enforcing Discrimination on grounds of a statutory right. religion/belief. National Minimum Wage (NMW). Age discrimination. Time-off for holidays and breaks. Discrimination against part-time Dismissal/victimisation for workers. whistleblowing. Racial discrimination/harassment. Pension Trustees victimisation. Disability discrimination/harassment. Pregnancy and maternity Victimisation for trade union discrimination. membership/activity. Marriage and civil partnership Victimisation for health and safety discrimination. activity. Time-off for family emergencies. Time-off for trade union activities/ duties. Legal Plus Workers’ Rights 3 Section 1 – Basic Rights for Everyone Rights which depend Working time, breaks on service and holidays Most people have the following Right Service statutory minimum rights to time-off, Written statement Two months rest breaks and paid holiday: of terms 5.6 weeks’ paid holiday a year (28 Statutory Six months days for someone working a five day maternity pay week). Part-time workers are entitled to Paternity leave Six months the same level of holiday pro-rata and pay (so 5.6 x your normal working week). Shared parental leave Six months A 20 minute break when the working and pay day is more than six hours. Unpaid parental leave One year A rest period of 11 hours between Written reasons Two years working days. for dismissal A ceiling of an average of eight hours’ Unfair dismissal Two years night work in every 24 hours. Redundancy Two years Free health assessment for night payment workers. Guaranteed lay-off pay One month A rest period of 24 hours in a seven day period. Medical suspension pay One month A ceiling of 48 hours on the maximum average working week. Statutory rights you are entitled to Usdaw collective agreements and your fall into two categories: contract may give you better rights to – Rights which you are entitled to from holidays and breaks. the day you start work. If your employment ends for any reason – Rights which depend on length of including dismissal, you are entitled to service. accrued statutory holiday pay. The listed rights depend on the length Special rules apply to Road Transport. of service but it does not matter how Please refer to the Usdaw Drivers’ many hours per week you work (see Handbook. table above). 4 Trade union rights Apprentices 19+ who are in the second year of apprenticeship will be Everyone has: paid the rate for their age group. The right to join a trade union. The legal National Living Wage is not The right to take advice from their the same as the real Living Wage, as set union. by the Living Wage Foundation. This The right to participate in a trade currently stands at £10.85 per hour in union. London and £9.50 per hour across the rest of the UK. The real Living Wage is The right to be accompanied by a independently calculated, and is based union rep. on the amount needed for a decent The National Minimum standard of living. Wage and the Living Wage The real Living Wage is voluntary, and employers who agree to pay it can Usdaw was one of the main unions that become accredited by the Living Wage campaigned for the introduction of the Foundation. National Minimum Wage (NMW) in the 1980s and 1990s. It was introduced by However, the National Minimum Wage the Labour Government in 1999 and is legally enforceable and employees provides a legal safety net for the vast can report their employer to the Pay majority of UK workers. and Work Rights Helpline if they think they are being underpaid. Employers In April 2016, the Government face a fine if they are found to be introduced a National Living Wage underpaying and employees can claim for workers aged 23 and over, which back pay too. This applies equally to is currently £8.91 per hour. Like the the statutory National Living Wage. Minimum Wage, it is illegal to pay any worker over 23 less than this amount, Usdaw members who have a query per hour. about their pay rates should contact their Union rep. April 2021 Aged 23 and over £8.91 Aged 21-24 £8.36 Aged 18-20 £6.56 Under 18 £4.62 Apprentices under 19 (or 19 £4.30 and over who are in the first year of apprenticeship) Legal Plus Workers’ Rights 5 Section 1 – Basic Rights for Everyone Contract of employment 9. Pension rights. Every worker has a contract of 10. Collective agreements. employment. It is not always written 11. Job title/brief job description. down in one document. Sometimes it 12. Period of employment if temporary. is not written down at all. 13. A note specifying disciplinary Contract terms and grievance procedure. The terms and conditions of your 14. Place of work. employment may be changed by negotiation. Many employees have Changing contract terms better rights under their contracts than Your employer can only change your the statutory minimums because of contract terms if you agree. the agreements which Usdaw has If your employer tries to force upon negotiated. Make sure you tell your you new terms which you do not Usdaw rep and negotiators what you accept, you must take immediate steps want and give them your full support. to protect your interests by lodging a grievance with the employer and Statement of written terms notifying your Usdaw rep. Changes Every worker has the right to have which you have not agreed and that their main contract terms written down result in a cut in pay may mean an in a statement of terms and conditions unlawful deduction from wages. within two months of starting work. Changes in hours or shift patterns The statement must include particulars which are particularly hard for women of: with families to manage may be indirect 1. Name of employer and employee. sex discrimination. Changes which you have not agreed may be a breach of 2. Date employment began or when contract. continuous employment began. 3. Rate of pay. Statement of change in terms 4. Payment intervals. When any of these main terms are 5. Hours of work. changed, your employer must provide you with a written statement of the 6. Holidays and holiday pay. change within a month. Check any 7. Sickness and sick pay. such statement carefully. 8. Notice entitlement. 6 Minimum period of notice What to do in cases of If your employment is terminated you dismissal, discrimination are entitled to the following period or redundancy of paid notice from your employer depending on your length of service. Whatever your hours or your length of service, these are the steps you should follow: Service Notice 1. Act fast 4 weeks to 2 years 1 week Both employment tribunal procedures and company 2-3 years 2 weeks procedures have strict time limits. 3-4 years 3 weeks 2. Contact Usdaw 4-5 years 4 weeks Your Usdaw rep or Area Organiser 5-6 years 5 weeks will help and advise you throughout. You have a statutory right to have 6-7 years 6 weeks an Usdaw rep with you. 7-8 years 7 weeks 3. Written reasons 8-9 years 8 weeks Immediately ask your employer for 9-10 years 9 weeks written reasons if you’re dismissed. 10-11 years 10 weeks 4. Get Usdaw legal assistance 11-12 years 11 weeks Contact your local office and ask for a Member Pack. Over 12 years 12 weeks 5. Follow company procedure You are entitled to full pay for the If you have a grievance about your statutory notice period, even if you treatment or working conditions, are off sick or on maternity leave. you should send a written grievance to your employer. You must also These are the minimum periods. follow the company grievance Your contract may give you the right procedure and attend all hearings. to longer notice. If you are disciplined or dismissed, you should appeal under the company procedure.
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