workSMART from the TUC

calendar of additional rights for employees

If you have the legal status of an 'employee' then you gain extra rights, but you may have to work for a qualifying period. This means the rights do not start on your first day of your job, but only after you have had the same employer for a period of time. This section sets out the extra rights employees enjoy and how long you have to wait for them. You also still have all the workers rights described above.

Rights when you apply for a job

  • You should not be discriminated against in a job selection process because of your sex, race, nationality, disability, age, sexual orientation, religion or because you are a trade union member.

Rights from your first day at work

  • You should be given a statement showing how much you earn and any deductions that will be made from your pay. (This is not the same as a contract of employment, although a contract of employment can contain this information.)
  • You are entitled to 26 weeks maternity leave (to be increased to 52 weeks from April 2007) even if you were pregnant when you started the job.
  • You can take unpaid emergency leave for family emergencies.
  • You can have time off for medical appointments if you are pregnant.
  • You have protection from dismissal on some limited grounds including pregnancy, whistle-blowing and trade union activity.
  • You have the right not to be discriminated against for reasons of your sex (including being pregnant), your race , sexual orientation, religion, disability, age, or for being a member of a trade union.
  • You have the right to take a trade union representative or fellow worker into a disciplinary or grievance hearing.
  • You have the right for your trade union to be recognised by the employer to negotiate your working conditions if the majority of employees want it.
  • You have a right to equal pay with members of the opposite sex doing the same or a comparable job to you.
  • You have a right not to have deductions (apart from income tax and National Insurance) made from your pay unless you have agreed to them.
  • You can claim breach of contract if your employer sacks you without giving you the agreed notice, or breaks some other term in your contract of employment.
  • If you are paying National Insurance contributions, you can claim Statutory Sick Pay after you have been off sick for four days in a row.

Rights after a month

Rights after two months

  • You are entitled to a written statement of your terms of employment which must include your pay, hours, where you are expected to work, holidays and other benefits such as a pension entitlement. While the written statement is not a contract of employment, it is very important that you have one as it can be used in a court or tribunal if problems do arise.

Rights after six months

  • You can have an additional 26 weeks maternity leave (in addition to the 26 weeks above). From April 2007 you will have the right to 26 weeks additional maternity leave from day one of your employment.

Rights after one year

  • You are entitled to claim unfair dismissal if your employer sacks you without a good reason or without allowing you to go through a proper dismissal procedure. You are also entitled to written reasons for dismissal from your employer.

Rights after two years

  • You can claim redundancy pay if your job is made redundant (i.e. there is no longer the need for someone to do the job that you have been doing and your employer has therefore ended your contract). The amount depends on your age, your pay and your length of service.



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This information is taken from workSMART.org.uk, the help and advice portal for all people at work, from the TUC

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