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UK Employment Law\ Employer & Employee\ Frequently Asked Questions
Frequently Asked Questions
Employees - what are my rights?
- To be paid (at the least) the National Minimum Wage.
- To work contracted hours and no longer than the maximum weekly working hours as stated in the terms.
- To have regular breaks in work through the working day.
- To be treated equally with the opposite sex on the grounds of pay.
- To be treated equally with the opposite sex on the grounds of terms.
- An employee should be entitled to four weeks paid leave per year.
- To not be discriminated against because of disability, religion or race.
- To be paid SSP (Statutory Sick Pay).
- To work in a safe environment.
- To be informed of termination of employment after one month’s work.
- To be given paid leave for maternity, paternity and adoption.
- To be given a written statement of employment, cataloguing the terms and particulars. This should be done within the first 8 weeks.
- After one year’s service, to be given protection from unfair dismissal.
- To be allowed time off to deal with family emergencies.
- To be allowed time off as parental leave.
- To be allowed flexible working arrangements.
- After two years service, to be given redundancy pay.
Sunday working
- If you accept a job on the basis of working on a Sunday, then your boss can sack you if you should refuse.
- If you agreed to work on a Sunday, but then have a change of heart, then you must give your boss three months notice.
- The law allowing Sunday working changed in 1994. It means that shops, betting shops, and racetracks can open up on a Sunday.
Government pay when a company ceases trading.
- An employee legally becomes a preferred creditor of his company if it closes down.
- An employee should receive up to four months outstanding pay, plus holiday entitlement once the assets are sold, and capital has been raised.
- In a case where no capital is raised, then the government pays for: up to 8 weeks pay (max £280 a week); holiday (up to 6 weeks at £280 per week).
- An employee should be paid for the statutory minimum notice period (max £280 per week).
- An employee should be paid any statutory maternity.
- An employee should be paid redundancy payments.
More information: 0845 -1450004 and www.insolvency.gov.uk
Does my boss have a duty to provide me with work?
Your boss does not have a statutory duty to provide you with work. However, there are exceptions. These exceptions, where your work is so important that you are required to work at all times, falls into the following categories:
- Keep up and develop skill levels;
- Keep up to date with industry sector and trade developments;
- There is a contractual obligation that you are given a reasonable amount of work so that you can maintain your level of income;
- You need to work in order that you do not lose reputation or publicity.
What if there is no work around – does my employer have to pay my wages?
If you are ready, willing and able to work in line with your contractual terms and conditions, then your boss must pay you. There are some exceptions to the rule. Your boss can withhold wages if the company has to close down your place of work (through no fault of your employer). Your boss can also withhold wages if you are absent through ill health. In such cases, you should still be paid SSP (Standard Sick Pay).
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