Skip to content | Contrast Style | Normal Style
Employers

Employment rights

The law gives employees certain rights at work. These might be contractual rights agreed with their employer or statutory rights defined by Government legislation.

Employment rights include things such as:

  • Contracts and written statements
  • The National Minimum Wage
  • Hours of work
  • Holiday entitlements
  • Health and safety protection
  • Protection from unlawful discrimination or harassment
  • Redundancy
  • The Right to Time Off for Study or Training

The information is this section is only a guide and does not cover every circumstance. We have done our best to make sure the information is correct. Some of the information may become inaccurate over time, for example because of changes to the law.

Contracts and written statements

Employers must legally provide a written statement outlining the main terms of employment within eight weeks of employment commencing.

The Business Link website can offer practical help and advice to employers.

National Minimum Wage

The minimum wage is a legal right which covers almost all workers above compulsory school leaving age. It generally increases every year on 1st October. The rates from 1st October 2009 are:

  • Ages 16 and 17 £3.57 per hour
  • Ages 18-21 £4.83 per hour
  • Aged 22 and over £5.80 per hour

Apprentices under age 19 do not currently qualify for the National Minimum Wage. Apprentices over age 19 and in the first 12 months of an Apprenticeship do not qualify for the national minimum wage. Employed Apprentices must be paid at least £95 per week. A new National Minimum Wage for Apprenticeships will be introduced from 1st October 2010.

For more information, call the National Minimum Wage Helpline on 0845 600 0678 or textphone 0845 915 3296 between Monday to Friday 9am-5pm (excluding bank holidays) or visit the HM Revenue and Customs website.

Hours of work

With some exceptions, workers over the age of 18 should not have to work more than 48 hours a week, although workers can make an agreement with you to opt out of the 48 hour limit.

The working time regulations specify different rules for young workers under the age of 18, with a maximum working week of 40 hours.

If you employ anyone under the compulsory school leaving age there are also special regulations.

For more information, visit the Directgov website.

Holiday entitlements

All full-time workers have the right to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week) although you may wish to offer more. Part-time workers are entitled to 5.6 times their usual working week (eg, 22.4 days for someone working four days a week).

Employers can choose to include bank holidays as part of an employee's minimum paid holiday entitlement but this should be stated in an individual's contract of employment. Employees have no legal right to take bank holidays off work or to enhanced payments if they do work on a bank holiday, and any other arrangements should be stated in an individual's contract of employment.

Health and safety protection

As an employer, you are responsible for the health and safety to your employees, visitors and customers and the general public.

The Health and Safety at Work Act 1974 sets out many of your responsibilities for health and safety at work. Whatever the size of your business, you must make the workplace safe and prevent risks to health. You should carry out a 'risk assessment' to identify potential health and safety hazards, together with a specific risk assessment for under 18 year old employees.

If you employ five or more people, you must keep an official record of your risk assessment and you must also have a formal health and safety policy.

The Health and Safety Executive is responsible for enforcing health and safety at work.

For more information and advice, contact the Health and Safety Executive on Telephone 0845 345 0055 or visit their website.

Protection from unlawful discrimination or harassment

It is unlawful for employers to discriminate against workers on the grounds of age, race, religion or belief, disability, sex, gender reassignment, sexual orientation or the membership (or non-membership) of a trade union.

Acas (the Advisory, Conciliation and Arbitration Service) helps to improve organisations and working life through better employment relations. Acas works with both employers and employees to solve problems in the work place and improve performance and can provide up-to-date information, independent advice and training. For more information visit the Acas website or call Telephone 08457 47 47 47, Monday-Friday 8am-8pm, Saturday 9am-1pm. Minicom users can call 08456 06 16 00, Monday-Friday 8am-8pm.

Redundancy

There are a number of reasons an employer may have to dismiss staff to reduce their workforce. All employees have a right to be treated fairly, have the right to be consulted, have the right to a statutory period of notice and they may be entitled to a redundancy payment.

For more information and advice, visit the Acas website or call Telephone 08457 47 47 47, Monday-Friday 8am-8pm, Saturday 9am-1pm. Minicom users can call 08456 06 16 00, Monday-Friday 8am-8pm.

The Business Link website can also offer practical help and advice to employers.

The Right to Time Off for Study or Training

The Right to Time Off for Study or Training legislation aims to develop a commitment to lifelong learning - to enhance their lives, improve their employability and create the skills that the economy and employers need.

16 or 17 year olds in employment who are not already qualified to Level 2 can request paid time off to study towards Level 2 qualifications as defined in the Regulations:

  • 5 GCSE A* - C
  • Intermediate GNVQ
  • NVQ Level 2
  • Edexcel BTEC First Certificate/First Diploma
  • City and Guilds Diploma of Vocational Education at Intermediate Level
  • Scottish Equivalents

The amount of time given and the occasions on which time off may be taken must take into consideration the requirements of the employee’s study or training as well as the effect the time off has on the running of your business.

For more information, call free on 0800 073 8700 and ask for the Vacancy team.