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 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 . You are entitled to the following 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 (NMW). Age discrimination. Time-off for holidays and breaks. Discrimination against part-time Dismissal/victimisation for workers. whistleblowing. Racial discrimination/harassment. 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 , 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 Six months A 20 minute 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 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 . 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 will be Everyone has: paid the rate for their age group. The right to join a trade union. The legal National is not The right to take advice from their the same as the real Living Wage, as set union. by the . 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 (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 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. 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. If you do not follow the procedures, the tribunal can cut your compensation. Legal Plus Workers’ Rights 7 Section 1 – Basic Rights for Everyone

6. Notify Acas of intention to make a If time is running out, do it yourself claim and send it off (keep a copy if Contact Acas on 0300 123 11 00 to possible). The form can be changed notify them of your intention to later but not put in late. Make sure make a claim and to obtain an Early it goes in within the time limits Conciliation Certificate reference (usually three months from date of number for your ET1. Please refer to dismissal). our Early Conciliation Factsheet for There are three ways you can issue further information. your claim: 7. Get Form ET1 1. Complete the ET1 form through This is the Employment Tribunal the gov.uk website. Claim Form. You can get one from 2. By post to the Central Tribunal your local Jobcentre Plus Office or Office for England and Wales: download one from the website: Employment Tribunal Office, www.gov.uk/employment-tribunals PO Box 10218, Leicester LE1 8EG. /make-a-claim There is a different address for You can also make an online Scotland: Employment Tribunals application through the website. Central Office, PO Box 27105, Glasgow G2 9JR. 8. Submit Form ET1 3. By handing in your ET1 in person It is your responsibility to submit at one of the designated regional the ET1 claim form within the time offices. limits. 9. Keep Usdaw informed You must have an Acas certificate in Always tell your Usdaw rep what order to submit your ET1. you’re doing. Usdaw will help at If we receive your completed each . Member Pack in good time and assistance is granted the Union may be able to assist in drafting your ET1. 8

Grievance and disciplinary procedures We’ll try to settle the problems using your usual company procedures. By law, your employer must allow your Usdaw rep to come with you to all disciplinary and grievance hearings. If we can’t sort out the problem this way, your Usdaw team will advise you about taking the case further. Our full-time officials (Area Organisers) and the Usdaw Legal Department also provide advice and representation in employment tribunal cases. Tribunal claims must be lodged within strict time limits – normally three months less one day from the date of dismissal or cause of complaint. You are responsible for making your claim in time, so speak to your Usdaw rep as soon as you know you have a problem. Make sure you always follow the company grievance and appeal procedures. For help and advice about any employment problem, you can either contact your Union rep, call the Usdaw Helpline on 0800 030 80 30 or visit the Usdaw website www.usdaw.org.uk 9

2 Rights for Part-time Workers

The Part-time Workers’ Regulations Auditing contract terms prohibit discrimination against part-time workers. Now is the time to look at your contract of employment and works’ rules. Part-time workers must be treated no Part-time workers should not be treated less favourably (on a pro-rata basis) less favourably than full-time workers. than full-time workers in all matters Less favourable treatment could be including: a breach of the Part-time Workers’ Rates of pay. Regulations and/or sex discrimination. . Take up any concerns through your Usdaw reps. You may be able to put Contractual sick pay. change on the negotiating agenda, Contractual maternity pay. raise a grievance, or take a case to an Company . employment tribunal. Access to . Part-time workers Holidays and parental leave. and pensions Redundancy. Contact Usdaw for further details on Access to a Pension Scheme the above rights. You cannot be refused entry to your Company Pension Scheme because of the hours you work. If you are, or have been in the past, you should contact the Pensions Section in Usdaw’s Legal Department on 0161 249 2440. 10

3 Discrimination in the Workplace

The Equality Act came into force on 2. The Equality Act covers the 1 October 2010 in England, Scotland same groups of people that were and Wales. protected by equality law before. It stops people being unfairly treated 1. In October 2010 all nine major on the following grounds: pieces of equality law including the Disability Discrimination Act and Age. the Sex Discrimination Act were Disability. replaced by a law called the Equality Gender reassignment (protecting Act. Almost all of what the previous transgender members from laws said about protection from discrimination). discrimination and rights to fair and equal treatment stay the same. This Race. section outlines the main ways in Religion or belief. which the Equality Act has changed Sex. and improved the old law. Sexual orientation. Marriage and civil partnership. Pregnancy and maternity. Legal Plus Workers’ Rights 11 Section 3 – Discrimination in the Workplace

3. As well as bringing all equality laws Transgender members no longer into one place and making the law need to be under medical more consistent, the Equality Act supervision to be protected also strengthens rights, particularly from discrimination. This means for disabled workers. See Usdaw’s that a man who decides to live leaflet Supporting Disabled permanently as a woman is Members (leaflet 383) for more protected even though she may information about how the Equality decide not to undergo any medical Act improves rights for disabled procedures at all. members. 8. The Act restricts the kinds of 4. The Equality Act protects you from questions employers can ask about being unfairly treated because you a job applicant’s health or disability associate with a person who fits into before offering them a job. one of the protected groups. For Employers are still allowed to example, a parent who is harassed ask health or disability-related because his/her son is gay will be questions before inviting someone protected by the Equality Act. This is to an interview, where they relate called ‘associative discrimination’. to making reasonable adjustments 5. So this also gives greater protection to the or interview for carers, such as someone caring procedure for example, or where for a disabled child or relative. they directly relate to a person’s 6. If you are unfairly treated at work ability to carry out essential because someone thinks you fall job duties. So for example, if an into one of the protected groups of employer were advertising for an workers, even if you don’t, you are HGV driver, questions concerning covered by the Equality Act. For an ability to be able to sit for long example, if you are called names periods or about any visual or by a colleague because they think hearing impairment are still likely you are disabled (even though you to be OK. aren’t) or because they think you are 9. Similar protection against a Muslim (even though you aren’t) discrimination exists in Northern then you may be able to take action Ireland but under different pieces of against them under the Equality legislation as the Equality Act does Act. This is called ‘perceptive not apply there. discrimination’. For more information and publications 7. The Act is good news for on discrimination, see Usdaw’s website transgender members (a person www.usdaw.org.uk who identifies with a different gender from that they were assigned at birth). 12

4 Maternity and Parental Rights

Any Usdaw member who becomes Qualifying Service pregnant should obtain a copy of Maternity and Parental Rights Guide – An advice guide for Usdaw Members. Right Service It contains essential information about Ordinary Maternity None your rights and is available from your Leave local Usdaw office. Statutory Maternity 26 weeks The rules are complex and it is important Pay at EWC* that you follow them carefully. Additional None This section outlines the main points but Maternity Leave you will need Maternity and Parental Rights Guide – An advice guide for Usdaw Paternity Leave 26 weeks Members to get the complete picture. at EWC* Your contract of employment may give Unpaid Parental Leave One year you better maternity leave arrangements *EWC = Expected Week of Childbirth than the statutory ones set out below. Always check your contract terms. Your employer should acknowledge your notification of pregnancy in writing, telling you: How much leave you will get. When it starts. When you should return. What maternity pay you will receive. You should keep this letter safe. If you disagree with any part of it, contact your Usdaw rep. Legal Plus Workers’ Rights 13 Section 4 – Maternity and Parental Rights

Ordinary Maternity Leave All women are entitled to Ordinary Maternity Leave (OML) of 26 weeks and Additional Maternity Leave (AML) of 26 weeks. It does not matter how many hours you work or what length of service you have. To take advantage of OML and AML, you must notify your employer no later than the end of the 15th week before the week your baby is due (the notification week): – That you are pregnant. – When the expected week of childbirth will be (your employer can request a medical certificate). – When you intend to start your maternity leave (in writing, if your employer requests). The start of your maternity leave must be no earlier than the 11th Additional Maternity week before the expected week of childbirth. Leave All women are entitled to 26 weeks’ You can change the starting or OML and 26 weeks’ AML. finishing dates of your leave as long as you give eight weeks’ notice. AML begins when ordinary maternity Your employer must notify you of the leave ends, and it runs for a further end date of your leave within 28 days 26 weeks (giving 52 weeks’ maternity of receiving your notification. leave altogether). You can return to work before the end of AML, but you must give eight weeks’ notice. If you cannot return on the notified date because of illness, you will be considered to have ended your maternity leave but then gone on to contractual . 14

Rights when you return Statutory Maternity Pay after maternity leave You are entitled to a maximum 39 If you take only 26 weeks’ maternity weeks’ Statutory Maternity Pay (SMP) if: leave you are entitled to return to You have worked for your employer the same job on the same terms and for a continuous period of at least conditions as if you had not been 26 weeks ending with the qualifying absent. week – that is the 15th week before If you return to work after taking AML the expected week of childbirth. and there is some reason why it is not Your average pay in the eight weeks reasonably practical for your employer up to and including the qualifying to take you back in your original job, week has been not less than the you are entitled to be offered suitable lower earnings limit for National alternative work. Insurance Contributions, which is If you wish to vary your working pattern £120 from April 2021. on return from maternity leave, you You have properly notified your have the right to request a flexible employer of the start date of your working pattern (see page 18). maternity leave with medical evidence of pregnancy (for example, Dismissal a medical certificate). You cannot be dismissed or selected If you qualify then the first six weeks of for redundancy because of pregnancy SMP are paid at 90% of your average or maternity leave, or unlawfully weekly earnings; the remaining weeks denied the right to return. In such are paid at 90% of your average weekly circumstances you may claim unfair earnings or the ‘standard rate’ currently dismissal, sex discrimination or breach £151.97 per week, whichever is lower. of specific maternity rights. If you are made redundant during maternity leave, your employer should give you first refusal of any vacancy/ alternative . Dismissal for exercising any of the family friendly rights is automatically unfair. Legal Plus Workers’ Rights 15 Section 4 – Maternity and Parental Rights

Maternity Allowance If you do not qualify for SMP, you may get Maternity Allowance (MA) for a maximum of 39 weeks. In order to qualify you need to have worked for 26 weeks of the 66 weeks before your baby is due (this is known as the test period). The weeks do not need to be consecutive or for the same employer. You do not need to work full-time as long as you have earned an average of £30 per week. MA is paid at 90% of your average weekly earnings or the ‘standard rate’ currently £151.97 in April 2021, whichever is lower. 16

5 Family Friendly Rights

Ordinary Paternity Leave Statutory Paternity Pay If you are a new father or the partner Ordinary Statutory Paternity Pay is paid of the mother of a new baby and have for two weeks at a flat rate of £151.97 worked for the same employer for in April 2021). If you earn less than the 26 weeks (by the 15th week before flat rate, you will be paid 90% of your your baby is due) you have the right average earnings instead. to two weeks’ paternity leave. This To qualify you must have worked for right is called Ordinary Paternity Leave the same employer for 26 weeks by (OPL) and is also available to same sex the 15th week before the baby is due parents. You may also be entitled to (or if adopting by the week you are Statutory Paternity Pay. This includes matched with the child); and those adopting a child. Have average earnings of £120 before tax from April 2021. Legal Plus Workers’ Rights 17 Section 5 – Family Friendly Rights

Shared parental leave Adoption pay is 90% of average weekly earnings for the first six weeks and Under a system introduced in 2014, the remaining 33 weeks are paid at a eligible parents can choose how they flat rate of £151.97 from April 2021. To share care of their child in the first qualify you must earn not less than year after birth. Mothers have to take the lower earnings limit for National at least the initial two weeks of leave Insurance Contributions; £120 from following the birth. Following that they April 2021. can choose to end maternity leave and the parents can opt to share the Parental leave remaining leave. Both mothers and fathers of young Adoption leave children have the right to take unpaid leave to look after them. You must have Ordinary 26 weeks paid at least one year’s service. Adoption Leave You can take four weeks a year, up to a Additional 13 weeks paid/ total of 18 weeks per child. Adoption Leave 13 weeks unpaid You must give your employer 21 days’ Paternity Leave 2 weeks paid notice before the intended start date. Unpaid Parental 18 weeks unpaid Parents must take their leave by their Leave child’s 18th birthday. Dependants leave When a couple adopts, only one parent All employees are entitled to take a has the option of ordinary and reasonable amount of unpaid time-off additional adoption leave. The other to look after dependants in an parent may take paternity leave. Both emergency. may take parental leave. Both have employment protection rights. 18

The right to flexible Flexible working includes a request to change the hours you work, to working change the times you are required to All employees can apply to their work, or to work from home. employer to work flexibly. Employers If your employer agrees to the have a duty to consider an application request for flexible working, the new seriously. working arrangement becomes a To take advantage of this right, you permanent change to your contract. must have worked for the same If you wish to make the flexible employer continuously for at least arrangement temporary, you must 26 weeks. make that clear and specifically agree to revert to the original or other You cannot apply to work flexibly if terms. you have made another application in the previous 12 months. If you You should discuss your request and think you will need more than one the reasons for it with your Usdaw change in the year ahead, build that rep before asking for a change, or if into your request so that all phases there is a refusal. are covered. You cannot apply to work flexibly if you are an agency worker, but you can ask for a change in your hours of work. Legal Plus Workers’ Rights 19 Section 5 – Family Friendly Rights

A tribunal cannot normally investigate the rights and wrongs of a refusal, only whether the procedure has been properly followed. Maximum compensation for a failure to comply is eight weeks’ pay. Flexible working rules are different in Northern Ireland (speak to your Area Organiser). 20

6 Fixed-term Contracts

The Fixed-term Contract Regulations Employers can only defend differences apply to company employees. They do if: not apply to contracted-out or agency They are necessary for a very workers used by the company. particular reason, or Fixed-term contract staff have the right The overall package is comparable. to equal treatment with permanent staff in: You cannot be kept on a fixed-term contract forever. After four years you Terms and conditions. have the right to ask to be made Training. permanent. If the employer cannot justify the continuation of a fixed-term Opportunities to seek a permanent contract for special reasons, you should post. be made permanent. You have the right to ask your employer for written reasons explaining the Failure to renew a fixed-term contract differences between a fixed-term and a is classed as a dismissal and may be permanent contract. Your employer has unfair. 21 days to reply. 21

7 Sunday Working Rights

All UK shopworkers have the right to How to opt out of opt out of Sunday working, unless they only work on Sundays. Sunday shopwork If you want to opt out of Sunday Your legal rights working, for any reason, you must give All shopworkers (except Sunday-only your employer a signed and dated workers), irrespective of their age or written notice saying that you no longer length of service, have the right: wish to work on Sunday. Not to be dismissed for refusing to You do not have to give any reason. do shopwork on Sundays. You must, if required by your employer, Not to be selected for redundancy for continue to work on Sundays for three refusing to do shopwork on Sundays. months, unless your Usdaw rep is able to negotiate a shorter notice period. Not to suffer any other detriment for refusing to do shopwork on Sundays, Shopworkers are entitled not to be for example denial of overtime, dismissed or suffer any detriment by promotion or training opportunities. their employer during the notice period. Once the notice period has ended, You must give your you have the right not to do Sunday employer three months’ shopwork. You are protected as an notice in order to ‘opt out’ ‘opted out’ shopworker. This is the case unless you have Hours of work been employed continuously as a shopworker by your current employer If you opt out of Sunday working, your since before 26 August 1994. In that employer is under no obligation to case you need to read the section provide you with alternative hours of entitled ‘Protected Shopworkers’ on work on different days. Opting out may page 22. therefore result in a decrease in your weekly wage. Ask your Usdaw rep if they will help you to negotiate different hours. 22

After opting out You can refuse to do Sunday work whatever your contract says and If you have opted out of Sunday whether or not you have done working, you are able to opt back in at Sunday work in the past. any time. However, your employer is not obliged to give you Sunday work. You cannot be dismissed, disciplined or treated less favourably because You still retain the right to opt out of you refuse to work on Sunday. Sunday working again at any time that you wish, although you will need to give If you are dismissed, disciplined or up to three months’ notice again. treated less favourably you can bring a case to an Employment Tribunal. Protected shopworkers For further information see Sunday If you have been employed Working for Shop and Betting Workers continuously as a shopworker in – A guide to your rights (leaflet 278). England or Wales by your current The Conservative Government’s plans employer since before 26 August 1994 to change the law on Sunday Trading (or in Scotland since 6 April 2004), were dropped following a strong you are automatically ‘protected’ from campaign by Usdaw. being required to work Sundays. If you have not signed an Opting In Notice, saying that you wish to do Sunday work, you have the following rights: 23

8 State Benefits

Sick pay Universal Credit Statutory Sick Pay (SSP) is administered Universal Credit has replaced the and paid by your employer. following benefits: Your contract of employment may Child Tax Credit. mean that your employer also has to Housing Benefit. pay company sick pay in addition to Income Support. SSP. However, SSP is the legal minimum sickness payment and your employer Income-based Jobseeker’s Allowance cannot pay you less. (JSA). Income-related Employment and To qualify for SSP you must normally Support Allowance (ESA). earn not less than the lower earnings limit for National Insurance Working Tax Credit. Contributions which is £120 per week If you currently receive any of these from April 2021. benefits, you cannot claim Universal Credit at the same time. SSP is paid at the rate of £96.35 per week from April 2021. You can claim up to 28 weeks’ SSP. When it stops you should claim other State Benefits such as Employment and Support Allowance. 24

9 Usdaw’s Legal Plus – Looking After You and Your Family

Usdaw’s Legal Plus service We will log your call and check your membership details. You will also get a is here to help you specific case number which relates to Legal Plus covers you for: this matter. Accidents, injuries and diseases. If you are eligible for legal assistance Accidents any time and any place in you will then be transferred to the the UK – not just at work or going to Union’s solicitors who will assist you and from work. further. Road traffic accidents. What does Usdaw’s Work-related diseases or conditions. Legal Plus cover? Slipping and tripping. Members are fully covered for: Injuries caused by violent crime or Any accident, anywhere in the armed robbery. UK, and now also for accidents/ Family members living with you are injuries outside of the UK whilst on a also fully covered if they’re injured in package holiday.* a road traffic accident. Members’ children, under the age of Fast, expert help is only a free call 18, are fully covered for any accident, away – 24/7. Use FirstCall Usdaw to anywhere in the UK, and now also for start the process. accidents/injuries outside of the UK No forms – No fuss – No delay. whilst on a package holiday.* Call 0800 055 6333. Other family members living in the same household as the member are We’ll need your: fully covered if they are injured in a Usdaw membership number. This isn’t road traffic accident. essential, but can speed up the call. To register a new accident, injury or Name and address. disease claim, call FirstCall Usdaw on: Phone and email contact details. 0800 055 6333. Date of birth. *Package holiday claims means accidents, Date of the incident. injuries or other personal injury claims covered under the Package Travel, Package Holidays and Package Tours Regulations 1992. Legal Plus Workers’ Rights 25 Section 9 – Usdaw’s Legal Plus

Employment problems For help and advice about any employment problem, you can either Usdaw reps and officials are ready to contact your Union rep, call the Usdaw help you resolve any type of Helpline on 0800 030 80 30 or visit the employment problem, including: Usdaw website www.usdaw.org.uk Redundancy. Do not use FirstCall Usdaw for Dismissal. employment matters. Discrimination. Where assistance is granted in employment cases members will be Contract claims. sent the Employment Cases Member Equal pay. Handbook. This also contains the rules Family friendly rights. on Legal Plus. Part-time workers’ rights. Once legal assistance has been granted, we’ll investigate your case and regularly Unlawful deductions. review it to ensure you continue to Minimum wage. comply with the rules and that your We’ll try to settle the problems using case still has reasonable prospects of your usual company procedures. By success. law, your employer must allow your Usdaw rep to come with you to all disciplinary and grievance hearings. If we can’t sort out the problem this way, your Usdaw team will advise you about taking the case further. 26

Free wills Free advice scheme It’s important for your family and your Usdaw’s Legal Plus service doesn’t own peace of mind that your affairs stop when you clock off work. You’re are in order before you die. If you want entitled to free advice about any your property/estate to pass to the non-work related legal problem. For people you choose, it’s essential to example, you may have: make a will. Every Usdaw member, and To sort out probate matters when his or her partner, can make a will free someone dies – this can be stressful. of charge through Usdaw solicitors. Our Usdaw solicitors can provide you New members benefit from our free with sympathetic and professional will-writing service as soon as they advice at special, flexible rates. join Usdaw – saving up to £200. Bought a car or a washing machine If your affairs are especially complex, that simply isn’t up to standard and the solicitors may need to charge, but the salesman refuses to do anything they’ll discuss this with you beforehand. about it. To take advantage of our free will- A dispute with your landlord, the writing service, complete our online council, or with nuisance neighbours. BL4 Form at www.usdaw.org.uk/BL4 A matrimonial or other family or phone the Legal Department clerical problem at home, or want advice team on 0161 249 2477. about debts. Conveyancing If there’s more legal work required after you’ve received the solicitors’ advice, Buying a property is a long-term they’ll offer you special terms. financial commitment and may be one of the most important steps in your To benefit from these services, life. Our Usdaw solicitors will deal with complete our online BL3 Form at all stages of your property transaction www.usdaw.org.uk/BL3 or phone the professionally and efficiently, at Legal Department clerical team on favourable rates for Usdaw members. 0161 249 2477. You’ll receive a written quotation at the outset, so you won’t have any unwelcome surprises. Legal Plus Workers’ Rights 27 Section 9 – Usdaw’s Legal Plus

Legal Plus rules Legal help will not be granted to family members who should have You must be a member of Usdaw been an Usdaw member. at the time of the incident you are Cases are only supported to a trial claiming for. or hearing if they have reasonable Your contributions must remain fully prospects of success and no paid-up throughout the case. reasonable offer of settlement has You must co-operate with Usdaw and been made. its solicitors and follow their advice. Family members must follow the You must not deliberately mislead same rules. or give Usdaw and/or your In any event, legal assistance is at representative false information. the discretion of the Union. Your claim must not be You’ll find these rules in detail in the fundamentally dishonest. Legal Plus Members’ Handbook, which You must not take advice from other our solicitors give to members when legal advisers at the same time. they start an injury claim. You can also see the Members’ Handbook on the You will not be supported in bringing Usdaw website. cases against the Union, its reps or staff, or in matters that are in conflict with the Union or its policies. You will not be supported if the incident/accident is a consequence of your own neglect of duty, misconduct or criminal act. 28

Notes Legal Plus Workers’ Rights 29 Section 9 – Usdaw’s Legal Plus

Notes If you have a problem and need help or advice or want to join the Union, contact your Union rep

or write to Usdaw, Head Office, Voyager Building, 2 Furness Quay Salford Quays, Manchester M50 3XZ (Mark the envelope for the attention of the Legal Department for more detailed legal or pension advice.)

or ring the Usdaw Helpline 0800 030 80 30 or visit the Usdaw website www.usdaw.org.uk/legalplus Lft 211 June 2021

www.usdaw.org.uk #UsdawUnion Stock photography, posed by models