What about the workers?
A client guide on employee rights
Do you know your rights?
If you are an employee you may have some concerns about the rights you have at work. You may not have a written contract of employment.
It may not be clear whether you are employed or self employed, a temporary, agency or fixed term worker. Other issues may include:
- Minimum Wage
- Working Hours’ Directive
- Data Protection Code
- Human Rights
- Stress at Work
- IT/Email Policy
- Grievance Procedure
- Disciplinary Procedure
- Victimisation and Bullying at work
- Whistle blowing
- Age Discrimination
Redundancy, unfair dismissal & discrimination
Do you wish to start a claim in the Employment Tribunal? There are strict time limits that you should be aware of:
Made redundant?
6 months to make a claim.
Dismissed?
3 months to make a claim for unfair dismissal.
Discriminated against?
3 months to bring a claim for sex, race or disability discrimination. You may also have a claim under your contract due to breach by your employer. You may be able to claim for the distress caused to you.
Being made redundant?
If you are to be made redundant you may be offered a “package” by your employer. You need to be sure that the offer is appropriate. We can advise you on any proposed “compromise agreement”.
Statutory redundancy pay provided by your employer follows a legal formula, which takes into account your age and years of service.
Your employer should give you a statement showing how the payment has been calculated.
Payments of £30,000 or less may be tax free.
We can advise on your entitlement.
If the employer is insolvent, the government may pay you a limited amount.
Maternity and parental rights
Basic ordinary maternity leave is currently 26 weeks. From 1st April 2007 women are eligible for 26 weeks Additional Maternity Leave (total 52 weeks).
Maternity Pay
First 6 weeks = 90% of average weekly pay.
Next 20 weeks = basic weekly rate at £117.18p, or 90% of weekly pay if less.
Fathers are entitled to 2 weeks’ paid paternity leave, at £117.18p, or 90% of weekly pay if less. Adoption Leave 26 weeks’ ordinary adoption leave, and 26 weeks’ additional adoption leave.
Adoption pay is a basic weekly rate at £117.18 or 90% of weekly pay if less.
Time off for Dependants
‘Reasonable’ amounts of unpaid time off may be taken for certain family emergencies, eg illness.
Parental Leave
13 weeks’ unpaid leave is available to those who have worked for the same employer for at least a year. Both parents are entitled to up to 13 weeks’ unpaid leave per child born. The leave can be taken any time before the child’s 5th birthday.
Funding
If you think we could help, we will discuss funding with you. This can be on a private basis, or under legal expenses insurance you may already have. Public Funding (Legal Aid) may be available, or you might use a contingency fee agreement (“no win, no fee”).
What Thomas Dunton can do for you
We have a team of specialist employment lawyers who take pride in giving straightforward legal advice to our clients.
We will do our best to advise you and to ensure that everything proceeds in your case as smoothly as possible. Do not at any time be afraid to ask questions. We will give you the clearest information possible about costs and keep you updated about the issues as the matter progresses.
