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Employment law governs the relationship between you and your employees, as well as relationships with trade unions. It also grants employees certain rights, such as the right to take time off work and the right to fair treatment. As an employer, you must ensure you are aware of the rights of your employees. Not honouring your employees’ rights may lead to poor morale and relationships, leading to an employment tribunal against you. This article will explain what employment rights are and give an overview of some of the leading employment rights you owe your employees.
What Are Employment Rights?
Employment rights are rights the law grants employees regarding their employment. They can be:
- rights given to employees, such as leave; and
- protections to ensure employees are free from discrimination or harassment at work.
There are many different employment rights. This article does not list all the rights but explains some of the primary rights employees have. A brief description relating to each is outlined.
National Minimum Wage
The National Minimum Wage is the minimum hourly wage your employees have a right to receive. This will depend on their age and whether or not they are still an apprentice.
Maximum Working Hours and Minimum Rest Breaks
Unless your employees have agreed otherwise, they have a right not to work more than an average of 48 hours per week, and if they are between 16 and 18 years old, 40 hours.
Where your employees are over 18 years of age, they have a right to:
- weekly rest;
- daily rest; and
- rest breaks while at work.
Weekly rest grants your employees the right to either 48 hours interrupted break from work over two weeks or 24 hours over one week. Daily rest grants your employees 11 hours of rest between shifts. Rest breaks at work for employees should be 20 minutes where they have worked six hours.
Holiday Leave
Employees have the right to paid holiday leave each year. The legal requirement is 5.6 weeks. The length of a week will be the same as the length of your employee’s typical working week.
Statutory Sick Pay
When your employees are unwell, they have the right to a minimum amount of pay whilst not working. This is £96.35 per week. Your employees have a right to this for up to 28 weeks.
Rights Related to Being a Parent or a Carer
Your employees who are parents or carers have the right to take time off work for this role. The table below explains different types of leave.
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Maternity leave and pay |
Employees are entitled to 52 weeks of maternity leave. However, 39 weeks of this must be paid for at a statutory amount where your employees qualify for this. Maternity leave and pay can be shared between two parents. Where this is done it is referred to as shared parental leave and pay. |
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Paternity leave and pay |
Your employees may be entitled to two weeks worth of paternity leave and statutory pay. |
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Adoption leave and pay |
Your employee or the leading adopter of another child is entitled to statutory adoption leave and may be entitled to statutory adoption pay. |
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Parental leave, including parental bereavement leave. |
If your employee has parental responsibility for a child they can take up to 18 weeks of unpaid leave per child to look after them. |
Unlawful Discrimination
Your employees have the right not to be unlawfully discriminated against. The following are some of the areas where the law protects your employees from discrimination:
- race;
- gender;
- nationality;
- religion or belief;
- sexual orientation;
- pregnancy;
- maternity;
- age;
- disability;
- fixed-term contract; and
- part-time worker.
Unfair Dismissal
As an employer, you should be aware that the law protects your employees from unfair dismissals. This applies to employees who have worked continuously for at least two years.
Flexible Working
Your employees may have the right to request a flexible working arrangement with you. However, they need to have at least 26 weeks of continuous service with you and only have the right to make one request per 12 months.
Redundancy
If you need to make your employees redundant, you should be aware that they have rights relating to this process, including statutory redundancy pay. They also have the right not to be unfairly selected.
Key Takeaways
Employees have many rights and protections under the law. As an employer, you must make yourself aware of the rights employees have by law to ensure you facilitate these. Not granting your employees their full rights can result in an employment tribunal claim for your business.
If you need help with understanding employment rights in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
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Frequently Asked Questions
Employees have rights set out in law. These are termed employment rights. These protect employees by granting them certain protections such as leave and by protecting them from unwanted behaviour such as discrimination.
Employment rights are generally granted to most employees. However, some are dependent upon certain factors, such as the time an employee has been working for you or their age.
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