A. Safety Rights
An employee is entitled:

to a workplace that is both physically safe and with protection against discrimination, harassment, bullying etc.;

to be medically suspended on pay (for a maximum of 26 weeks - and not to be unfairly dismissed in this period) for a condition specified in ERA section (64)(3);

to be suspended on pay if, when pregnant, the normal place of work poses a risk to her and/or her unborn child, and no suitable alternative work can be found;

not to be forced to work more than 48 hours a week (averaged over a 17 week period); a right that can be waived by an employee by signing an individual 'opt out'; and

to be consulted regarding matters affecting their safety.


B. Contract Rights
An employee is entitled to:

a statement of terms of employment within 8 weeks of joining;

an itemised pay statement;

one week's notice of termination of contract for every year's service up to a maximum of 12 weeks (unless the contract grants greater rights);

be paid at least the NATIONAL MINIMUM WAGE for every hour engaged in the employer's business;

pay for hours spent on stand by (even if asleep) at the place of employment;

consultation regarding the change of a material contract term (if there is failure to consult, this may create a breach of contract claim, although with notice an employer should be able to vary such terms even if an employee objects); and

wages without any deduction except Statutory Payments, Court and/or CSA orders and any items which the employee has Authorised prior to the deduction being effected.

C. Sickness Rights
An employee must be paid:

Statutory SICKNESS Pay (SSP) when sick and covered by a self-certificate or Doctor's certificate, for 28 weeks in each year; and

during a period of notice (even if they are unable to work - e.g. because of sickness).

D. Union Rights
Employees have rights to:

join or not to join a recognised trade union;

be told (once the WORKS COUNCIL regulations are in force) of the right to request such a Council be set up, vote on the proposal, and, (if at least 10% of employees want such a council) vote on membership and representation, and have matters raised therein considered by the employer;

reasonable amounts of paid time off to carry out duties as an elected member for the purpose of consultation, re Trade Union activities, safety matters, pension trusteeship, redundancy, TUPE, works council member; and

a reasonable amount of paid time off if nominated as a Union Learning Representative.


E. Redundancy and TUPE Transfer Rights
Employees are entitled to:

reasonable amounts of paid time off to look for and train for alternative work if made redundant;

be paid Guarantee Payments (see REDUNDANCY) if laid off due to a lack of work;

be consulted (both by their elected representatives and individually) regarding the possibility of being made redundant and the process by which employees will be selected for redundancy;

be consulted regarding any transfer under the TUPE regulations; and

(if transferred under the TUPE regulations) retain their current contract terms and not to have these altered by virtue of the transfer.


F. Family Friendly Rights

Subject to service and pay levels, employee parents are entitled to:

ante-natal, maternity, paternity, parental, adoption and family emergency leave (with payment if eligible);

a reasonable amount of paid study leave (eligible 16–18 years old only);

take and be paid for 4 weeks holiday within the employer's holiday year if they request it;

ask for flexible working arrangements and to have such a request considered objectively within a set timescale; and

be accompanied by a workplace colleague at a meeting to discuss a flexible hours request.


G. Human Rights
Employees are entitled to:

be given notice if the employer wishes to eavesdrop on private communications during working hours and at the workplace;

a reasonable number of private phone-calls whilst at work;

a reasonable time off (without pay) for public duties (as a member of a Tribunal, Statutory board, Governor of a State school, Local Councillor, Justice of the Peace, as a jury member, etc.);

protection from discrimination, harassment, bullying or any other anti-social behaviour (on grounds of race, sex, disability, sexual orientation, religion or religious belief, age);

the protection of their personal information held by the employer and the disclosure of such information only on a 'need to know' basis; and

have any reference of which they are the subject prepared with care and accuracy (although the employer is under no obligation to provide a reference).


H. Pension Rights
Employees have rights:

subject to employee numbers/earnings, to join an occupational or stakeholder pension scheme; and

if a member of an occupational pension fund or scheme to a range of information concerning contributions and benefits.


I. Disciplinary and Dismissal Rights
Employees have the right to:

reasonable notice and written details of the alleged offence if called to a disciplinary hearing at which a formal warning or more serious penalty might be given;

access to an ET if the above requirement is breached regardless of service;

be accompanied at a disciplinary and grievance hearing by a colleague or official of a trade union (not necessarily one recognised by the employer);

have such a hearing adjourned once for a maximum of 5 days;

(subject to the employee having completed a year's service) access to an ET if they feel they have been unfairly dismissed and to be given a written reason for such dismissal; and

access to an ET for breach of a statutory right (regardless of service).

K. Training Rights
16–18 year old employees who have not attained academic or vocational standards at school and who wish to try and attain those standards by following a recognised course of study must be given reasonable amounts of paid time off to attend such courses.

1 comments

  1. Michael Wong 38 // July 6, 2008 at 1:35 PM  

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