28 April 2008

At this time of year, it is not uncommon to be asked what rights arise in respect of a bank holiday. The simple answer is there is no statutory right to time off with or without pay and it will depend on the contract or custom and practice. However, an employer who gives paid time off can count that day as part of the employee’s statutory holiday entitlement. Holiday is just one of the many statutory rights that arise in connection with employment. Take a look at our A-Z highlighting some of the others. 

Adoption – Employees with 26 weeks continuous service have a right to take up to 52 weeks statutory adoption leave and, subject to eligibility requirements, 39 weeks Statutory Adoption Pay if they adopt a child in the UK or from overseas via an adoption agency.

Bad behaviour –The ACAS Code of Practice provides a benchmark for managing poor performance or misconduct, which will be taken into consideration in the event of a tribunal claim. A principle of which is that an employee should not be dismissed for a first offence except in the case of gross misconduct.

Contracts – Employees employed for one month or more are entitled to a written statement of particulars setting out the main terms and conditions of employment as required by Section 1 of the Employment Rights Act. The statement must be provided within 2 months of the employee’s start date. 

Discrimination – All employees have a right not to be subjected to less favourable treatment on grounds of sex (including pregnancy, marital or civil partnership status and gender reassignment), sexual orientation, race, religion or belief, age and disability.
  
Emergencies – Employees have a right to take a reasonable amount of time off, without pay, in sudden or unexpected circumstances involving a dependant, e.g. when a child falls ill or is injured. The time permitted is to make necessary arrangements and not necessarily to provide the care.  

Flexible working – Parents of a child under 6, or a disabled child under 18 and certain carers, have a right to request a change to their working hours or place of work. Employers have a duty to consider the request and any refusal must fall within one or more specified grounds.

Grievances –Statutory grievances procedures apply to many employment tribunal claims and employees may be barred from bringing a claim if they have not first raised their complaint in writing with the employer. Any compensation awarded may be increased or reduced by between 10-50% depending on either party’s failure to comply.

Hours of work – Employees can not be required to work more than an average of 48 hours per week unless they have agreed to opt out of the maximum weekly working limit under the Working Time Regulations.  Also, a specified amount of daily and weekly rest must be provided. 

Information and consultation – Employers with 50 or more employees can be required to set up information and consultation arrangements if a statutory request is received from at least 15 employees (or 10% of the workforce if the employer has more than 150 employees).

Jury service - Employees who are doing, or have been summoned to do, jury service are protected from any detriment as a result. It is automatically unfair to dismiss an employee as a result of carrying out jury service.

Kids! – Working parents with 26 weeks service, have a right to take 13 weeks unpaid parental leave during the first 5 years following the birth, which can be taken in blocks of up to 4 weeks a year. Special rules apply if the child is disabled and/or in adoption cases. In addition, a spouse or partner is entitled to time off to be present at birth and, subject to eligibility, can take two weeks paid paternity leave.

Leave – All workers are entitled to 4.8 weeks paid holiday a year. This is increasing to 5.6 weeks, capped at 28 days, from April 2009. Paid public/bank holidays can be off set against this entitlement. 

Maternity – All employees irrespective of length of service are entitled to statutory maternity leave of up to one year. Those with 26 weeks service by the 14th week before the child is due may also qualify for Statutory Maternity Pay.

Notice periods –Except in the case of gross misconduct, an employer is required to give an employee a minimum of one week’s notice if they have been employed for more than one month but less than two years and thereafter one week for every complete year of service up to a maximum of 12 weeks. The statutory notice for an employee to serve is one week regardless of length of service.  

Occupational pensions – Employers do not need to provide an occupational pension scheme but if they have more than 5 employees they must, as a minimum, grant employees access to a designated stakeholder pension scheme. Employers are not required to make any contributions to the scheme.

Pay - The National Minimum Wage for an adult worker, aged 22, is currently £5.35 and is set to rise to £5.52  per hour from 1st October 2008. There are different rates for employees who are aged between 18 and 21 or under 18.

Qualifying periods – Employees must have a minimum of one year’s continuous service to bring a claim of unfair dismissal unless the reason for the dismissal falls within an exception, for example if it is connected to pregnancy or childbirth. However, in many cases employees do not need any qualifying period of service in order to enforce their statutory rights. 

Redundancy – Employees who have completed two years service will be entitled to a statutory redundancy payment based on their age and length of service multiplied by a week’s pay, capped at £330 per week, and are entitled to take reasonable paid time off to look for alternative work.

Sickness – With few exceptions, employees who are absent from work owing to sickness will be entitled to Statutory Sick Pay (SSP) of £74.40 a week. SSP is payable from the 4th day of absence for a period of up to 28 weeks.

Transfers – Generally, in a scenario where there is a business transfer or a service provision change, an affected employee has a right to transfer to the new employer on their existing terms and conditions.    

Unions - Employees have a right to join a trade union, irrespective of whether or not the union is recognised by the employer. Employees are protected from dismissal or detriment either as a result of joining or refusing to join, a union. 

Victimisation –It is unlawful to subject an employee to less favourable treatment because they have done or intend to do a protected act, including raising a complaint of discrimination or assisting another to do so.

Whistleblowers – Employees have the right not to be dismissed if the reason, or principal reason, for the dismissal is that they have made a protected disclosure. A termination in these circumstances will be automatically unfair.

X-employees – Employers have a duty to respond to grievances raised by former employees, who can also bring a discrimination claim for acts committed after the employment has ended which arise in connection with the employment e.g. references
 
Young workers – Special rules apply to employees who are aged under 18 to protect their health and safety including that they must not work more than eight hours a day, or more than 40 hours a week.