Understanding your workplace employee rights
Employee rights in the workplace are designed to balance the expectations of the job with the fair treatment of the employee doing it. Your exact employment rights will vary depending on the kind of job you do, the arrangement you have with your employer and many other variables.
Your rights at work come from both your statutory rights and your employment contract.
Statutory rights are legal rights that nearly all workers are entitled to. They apply as soon as you start your employment and include:
- The right to be paid at least the National Living Minimum Wage, and for your employer to not make illegal deductions from your pay
- The right to a certain amount of paid holiday each year, as well as being able to take paid time off for antenatal care, maternity, paternity and adoption leave
- The right to not be discriminated against, dismissed or treated unfairly in the workplace
As an employee, you may have some additional rights set out in your contract or the terms and conditions of your employment. Although these rights are not required by law, once these have been agreed upon your employer must uphold them. If they do not, they could be held liable for breach of contract.
If you are unsure whether your employer is treating you fairly or is allowed to dismiss your request for flexible working, speak to our team of employment law experts in Bath, Wells, Sherborne and Frome. We can review your terms and conditions and let you know if you have a claim.
Next steps: Get in touch to discuss your workplace rights
It is really important for you to understand your rights at work. So if you have any questions or concerns, please contact our employment law team on: 0800 533 5349 or enquiries@mogersdrewett.com
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Frequently asked questions
Eligible employees can take up to 52 weeks’ maternity leave.
The first 26 weeks are known as ‘Ordinary Maternity Leave’. If you return to work during this time, you have the right to return to the exact same job you had before you took maternity leave.
The last 26 weeks are known as ‘Additional Maternity Leave’. Taking this second six months slightly affects your employee rights under employment law.
If you take more than six months’ leave, you still have the right to return to the same job unless it’s no longer available. In this case, your employer is obliged to offer you a similar job with the same pay and conditions as your previous role.
You can start your maternity leave up to 11 weeks before the expected week of childbirth at the earliest, unless your baby is born early.
The paternity leave entitlement for new dads in the UK is up to two consecutive weeks, depending on how long they’ve been in their job.
To get the full entitlement, you must have been working for the same employer for at least 26 weeks by the end of the 15th week before the week your baby is due.
Your employer cannot refuse or postpone your paternity leave as long as you have given them the right amount of notice.
It’s against the law for your employer to dismiss you or treat you unfairly in any other way just because you tell them you want to take paternity leave.
By law, employees have the right to make a flexible working request if:
- They have worked for their employer for at least 26 weeks (6 months);
- And they have not made any other flexible working request in the last 12 months
You can ask to work from home, but that doesn’t mean your employer has to agree.
Start by having an open conversation with your employer about your wishes, and consider making a flexible working request, which is a legal right all employees have.
Ultimately, this will come down to the reasons behind your request, and whether it’s sustainable for you to be working from home.
Any concerns you have about returning to work should be addressed with your employer as soon as possible.
Your employer owes you a duty of care. The law is very clear: if you feel that your place of work is unsafe and that you would be protected when taking certain measures, such as working from home, this must be explored.
You may also be eligible to make a formal request to work from home. In this situation, your employer would have to justify any refusal by relying on one of the specific statutory grounds.
A fixed-term contract is when an employee is contract to:
- Work only for a predetermined length of time;
- Finish a particular project;
- Or work until a specified even does or does not occur
This type of contract is often used for project-based or seasonal work.
The contract typically expires once the agreed period of work is over or the job is finished, without the need for the employer to give notice. After expiration, both parties are free to agree a new contract right away.
Examples of fixed-term employees include:
- Staff taken on for six months during a peak period, such as agricultural workers or seasonal retail employees
- A specialist hired to manage a single project
- Cover staff for maternity leave
Even on a fixed-term contract, your workplace rights are the same as those of permanent employees working for the same employer.
You must be given:
- The same pay and conditions as full-time staff
- The same or equivalent benefits package
- Information about permanent vacancies in the company
- Protection against redundancy or dismissal
If you’ve worked for the same employer for two years or more, you also have the same redundancy rights as a full-time employee.
The terms of your employment will be outlined in your principal statement. This is a single document containing all the significant details of your employment.
This contract of employment should include:
- Your employer’s name
- Your name, job title or description of work, and start date
- How much and how often you’ll be paid
- Hours and days of work, including details of Sunday work, night work or overtime
- Holiday entitlement
- Your specific place or places of work
- Length of probation period and its conditions, if one exists
- Additional employment benefits
- Obligatory training
Yes, but only if one or more of the following conditions applies:
- You agree to the change
- Your contract says your employer can make certain changes
- The law is changing, such as if the National Minimum Wage is increased
These conditions ensure that no changes can be made to your contract without your knowledge and consent.
If your employer makes a change you do not agree with, raise the issue and try to come to an agreement.
If an agreement can’t be reached and you feel the change is a violation of your employee rights, contact the Mogers Drewett employment solicitors in Bath, Frome, Sherborne and Wells for advice.
