
There are tons of rules and laws based around work life,
employees and employers, so it's important to understand most, if
not all, of them before you enter a place of work.
Rights to pay
Within two months of hiring you (but usually before you start),
an employer will ask you to read their contract of employment,
which should include your rate of pay and other mandatory benefits,
such as sick pay, maternity/paternity pay and holiday pay. Often,
companies will pay you monthly, which can come on a specific date
(every 1st of the month, for example) or every four
weeks. Some jobs will pay you on a weekly basis, whereas others
will only pay you once the work they have requested has been
completed. Every employee has the right to a payslip which
documents their total pay and what deductions have been made.
All employees are entitled to be paid the Minimum Wage, which is
reviewed yearly to ensure that it's fair for both employers and
employees. At the time of writing, the National Minimum Wage
is:
- 16-17 year olds - £3.68 per hour
- 18-20 year olds - £4.98 per hour
- Over 21 year olds - £6.08 per hour
- Apprentices under 19 (or in their first year of
apprenticeship) - £2.60 per hour
With every payment comes automatic deductions which are
authorised by law. These consist of income tax, National Insurance
and, if applicable, student loan repayment. These are the only
deductions that are allowed to be made to your pay, though
employers in the retail sector are allowed to subtract up to 10% of
an employee's single pay if they believe that the employee is
responsible for any missing stock or a theft.
In some professions, employees are given gifts by customers,
such as tipping at bars and restaurants. These do not form part of
the employee's pay, making them exempt from taxation and other
deductions. This is in effect even if the tips are pooled and
shared amongst the staff. However, again in restaurants for
example, service charges that occur as a result of payment by
credit or debit card (or automatically in some venues) belong to
the employer or company. If an employer decides to share the money
earned from service charges, this will be included as part of the
employee's wage and will be open to government deductions.
Some employers will offer overtime to staff which is handled
differently depending on what is in the employer's contract. If you
are on a fixed salary (£200 per week, for example), you might not
be paid for working overtime, whereas if you are paid on an hourly
basis, you must be paid for the extra hours you put in. Overtime
pay must not be below the National Minimum Wage.
Rights to holidays
All full-time employees are entitled to at least 28 days'
holiday leave per year, for which they shall be paid the regular
rate for. As well as these days, employees are also usually given
bank and public holidays off as well, though there is no legal
entitlement. It is also optional for employers to pay you for
public and bank holidays if youdohave them off. Some sectors and
their employees do not have these rights, such as the police force
and the military.
Employers may choose to include public and bank holidays along
with your entitled holidays if you work full-time. You must use up
these allowed days off before the end of your company's holiday
year, as you may not carry them over into the next year's period.
You cannot be paid for any holidays you don't take, either. When
you take your holidays must be negotiated between you and the
employer.
This is usually done via a holiday form which must be completed
and handed to the company's HR department. Your employer is able to
reject your holiday if they believe there is a valid reason, such
as not being able to provide cover in time or if there are already
members of staff not in work.
Dismissal rights
When an employment contract has ended, or terminated, it is
known as a dismissal. There are many reasons why this would happen
and how it could come about:
- Being fired - The employer ends the employee's
contract. This could be due to any number of reasons or dismissible
offenses. The employer can give a notice but it is not mandatory,
especially if the offense calls for an 'on-the-spot firing', such
as theft or violence.
- Resignation - Also known as a constructive
dismissal, this can occur when the employer makes it impossible for
the employee to continue working, such as bullying, harassment or
withdrawal of pay.
- Redundancy - This is when an employee's
contract is terminated despite them not necessarily breaking any
contractual agreements. There are procedures in place to ensure
that forced redundancy is carried out in line with the law.
- End of contract - Some employees are placed on
temporary contracts, meaning that they are only employed for an
established amount of time. Employers may choose not to renew the
contract if they do not want to, or if it is not necessary.
- Breaking contract - If the employee breaks one
or more of the clauses in their employment contract, the employer
may decide that they have committed a self-dismissal. However,
there is no real difference between this and being fired, unless
the employee makes it clear that they have resigned.
Not being able to perform your duties to contractual standard,
lying about qualifications on your application and serious issues
with conduct are all valid reasons for termination, making it a
"fair dismissal". Legal procedures must be carried out to fully
ensure that the employee is within their rights and that the
employer has taken the appropriate action.
An "unfair dismissal" can be claimed for a number of reasons.
Inappropriate reasons for contract termination and being dismissed
include:
- Sexual, racial, disability or any other kind of
discrimination
- Being a member of the trade union
- Pregnancy, maternity or paternity matters
- Making a disclosure in the public interest
("whistleblowing")
- Refusing to work on a Sunday (except in Scotland)
- Doing legally-required jury duty
- Not following legal dismissal procedure
The legal procedure that employers must follow involves
presenting a written statement to the employee in question, stating
the reasons for dismissal, holding a meeting to discuss the matter
and holding a further meeting, if you wish to appeal the
termination. Employees have a right to be represented in
disciplinary or dismissal hearings, usually by a colleague or a
member of the trade union. The employee must be told directly when
the dismissal will take effect and how much notice you will be
given. Though it is not mandatory, most employers will issue this
information in writing.
Failure to follow these procedures will render the dismissal
automatically unfair, allowing the employee to appeal the decision
at an employment tribunal. If the employee wins their tribunal
court case, they will receive a larger compensation due to the
employer's shortcomings.