Do you know what your basic rights in work are? We’ll help you explore them so that you can understand what to expect at work.
When you have a job, both you and your employer have certain rights and responsibilities. Many people, particularly young people, and those in entry level jobs, feel as though they have to tolerate any treatment they receive from their employers. This simply isn’t true. In fact, many of your employment rights are legally protected, meaning that your employer is breaking the law and can be subjected to legal action if any of these rights are violated.
The first step to protecting your rights in the workplace is to know what they are. In today’s article, we have laid out your basic rights to help you understand what you can expect at work.
You have a right to an employment contract
An employment contract is a written document stating the terms and conditions of your employment. Since April 2020, employers have had an obligation to give employees a written statement of employment from their first day of work.
You have a right to be paid at least minimum wage
The National Minimum Wage specifies the lowest amount your employer is allowed to pay you per hour. There are several NMW brackets depending on your age, and special Minimum Wage requirements for apprentices.
The current National Minimum Wage (2023) is £10.42 per hour for those aged 23 and over, £10.18 for those aged 21-22, £7.49 for those aged 18-20, and £5.28 for under 18s and apprentices. These rates are reviewed every year so when you get a job offer, always check to make sure your pay is at least the National Minimum Wage for your age.
If you work in a job where you receive tips, such as food service, your tips are extra and your employer is not allowed to count them towards National Minimum Wage.
You also have a right to be paid on time. Wage payment dates should be specified in your employment contract. Your employer is legally required to give you a payslip for every pay period with a breakdown of all your pay and any deductions.
You have a right to rest breaks at work and between shifts
If you work more than six hours in a day, you are entitled to an uninterrupted break of at least 20 minutes. This time doesn’t have to be paid, though some employers do offer paid breaks. Check your contract to find out whether your breaks are paid or unpaid.
If you’re under 18, you are entitled to a break if you work more than 4.5 hours and your break must be at least 30 minutes long. You are also not allowed to work more than 40 hours per week or 8 hours in any one day.
Adult workers must have at least 11 hours between shifts (i.e. if you finish work at 10pm, you are not allowed to start work again until at least 9am the following day). For under 18s, this rest period is 12 hours.
There are strict laws governing the hours young people are allowed to work. If you are under 18, you will not usually be allowed to work between 10pm and 6am. There are some exceptions (find out more here) but the rules are tightly controlled and under 18s are forbidden from working between midnight and 4am in all circumstances.
You have a right to sick leave
If you are unwell, your employer has a legal obligation to give you reasonable time off from work without repercussions. This means they cannot sack or otherwise discipline you for being sick. Workers can be dismissed if a long-term illness makes it impossible for them to do their job, but the employer first has to consider reasonable adjustments and give the employee sufficient time to recover.
You should tell your employer as soon as you know you are too sick to work, and keep in touch regularly to keep them updated on when you think you will be able to return. Check your contract as some employers have specific rules on how sickness should be reported.
You can self-certify sickness for up to 7 days, including days you wouldn’t normally work (so Monday – Sunday counts as 7 days even if you usually only work Monday – Friday). After that, you will need a fit note from your doctor if you are still too sick to work.
If you earn an average of at least £123 per week and are off work for more than 4 days in a row, you are entitled to statutory sick pay of £99.35 per week for the first 28 weeks of sickness. This applies even if you are on a zero hour contract.
You have a right to paid annual leave
Almost all employees in the UK are legally entitled to at least 5.6 weeks paid holiday each year. If you work full time, this means you should get at least 28 days of paid annual leave. If you work part time, you should receive at least 5.6 times your normal working week (so if you work 3 days per week, 3 x 5.6 = 16.8 paid leave days).
Your leave days can be made up of a mix of statutory public holidays (“bank holidays”) and annual leave days for you to take when you choose. For example, many employers offer 4 weeks of paid annual leave plus the UK’s 8 bank holidays, bringing the total to 28 days.
Some employers offer more than the statutory minimum annual leave, and some offer extra days under certain circumstances, such as when you have been employed for a specified number of years.
Paid annual leave laws apply to zero hours contract workers, agency and casual staff, shift workers, and those working irregular hours as well as to full-time employees.
You have a right to certain other types of time off
Annual leave and sick leave are not the only types of time off from work you may be entitled to. These include:
- Parental (maternity, paternity, adoption, shared parental, and unpaid parental) leave. Pregnant people have the right to time off for antenatal care and to up to 52 weeks maternity leave. Adoption leave lasts up to one year and paternity leave is usually for one or two weeks after birth or adoption. In many circumstances, parental leave must be paid. Read more about your parental leave rights here.
- Time off for dependents. If there is an emergency involving someone who depends on you (such as a child, parent, spouse, or even an elderly) neighbour who relies on you for care, you are allowed to take short term unpaid time off to deal with it.
- Time off for public duties. The most common example of this is jury service. If you are called to serve on a jury, your employer is legally required to release you from work for the duration of your service.
- Time off for trade union activities. If your employer recognises a trade union, you are entitled to request reasonable time off for union activities such as acting as a representative. This does not include industrial action such as strikes.
- Compassionate leave. Sometimes called bereavement leave, this is time off when someone close to you dies. Though not a legal requirement, most employers now have a compassionate leave policy in place. Check your contract to see what your company offers.
You have a right to be protected from discrimination and unfair treatment
There are strict laws in place governing equality and anti-discrimination in the workplace. The Equality Act 2010 specifies nine “protected characteristics”:
- Age
- Disability
- Sex
- Gender reassignment
- Marriage or civil partnership
- Pregnancy and maternity
- Race
- Religion and belief
- Sexual orientation
Your employer is not allowed to treat you less favourably as a result of any of these characteristics. This includes direct discrimination (such as paying men more than women), indirect discrimination (a policy which disadvantages one group more than another, such as Sunday working hours which impact people of a particular religion), harassment (such as using homophobic language towards a gay employee), and victimisation (treating someone badly after they have complained of discrimination).
Your employer is obligated to make sure you are not discriminated against in the workplace and to take any reports of discrimination and unfair treatment seriously.
