Your rights at work

Last Updated: 04.12.2010

There are many kinds of employment rights, and they will vary from job to job. Some are rights given to everyone at work by law, such as the minimum wage. Some are rights given to only some people at work by law. For example, you may lose out because you have not worked long enough in the same job. There is also a legal difference between employees (who get better rights) and workers.

You may only be a worker if you are taken on to do a particular piece of work. Some are rights that flow from your contract of employment, which may be written, or may be a verbal agreement between you and your employer. If you have any problems at work consult a North Ayrshire Citizens Advice Bureau Employment Adviser.

What you should know about your employment rights

Your experience of the workplace will be partly determined by your basic rights there, and knowing where to seek help if things go wrong. Here you will find some information on your rights at work and what you should be aware of.

Terms and conditions of employment

You need to check:

how much you will be paid
how you will be paid (eg cheque, bank giro credit, cash)
and when you will be paid (eg weekly in arrears, monthly in arrears, 10 days after work is carried out etc).

In addition:

keep full contact details of the company/employer should you need to contact them, as well as any wage slips you get
check the number of hours you will have to work for jobs with "variable or casual hours" and check how often you are likely to be offered, or expected to, work.

Contract of employment

You may or may not be offered a written contract of employment by your employer. If you don't have a written employment contract, your contract would have automatically been created when you started to work for your employer.

National Minimum Wage

Every worker, aged 16 or over, is entitled to receive the National Minimum Wage. From 1st October 2010, the minimum wage is:

£5.93 - the main rate for workers aged 21 and over
£4.92 - the 18-20 rate
£3.64 - the 16-17 rate for workers above school leaving age but under 18
£2.50 - the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship

Most workers are entitled to receive at least the National Minimum Wage. Only in very specific situations are people not entitled to receive it.

Time off work and holidays

Your have certain rights to time off work, including annual leave and holidays, jury service, sickness, training (to learn new skills), looking after dependents and public duties.

Sick Pay

Many employees will be entitled to statutory sick pay if they are off work due to sickness. In addition, some employees may receive occupational sick pay from their employer but this will depend on their contract of employment.

Working time regulations

Some of the basic rights and protection that the Regulations provide are:

rights to days off
rights to in-work rest breaks eg at a minimum you are entitled to a 20 minute rest break if the working day is longer than 6 hours - this break must not be taken at the start or end of the period of work
rights to paid annual leave

Part-time workers regulations

If you are a part-time worker you are protected from being treated less favourably than an equivalent full-time worker just because you are part time. The only exception this is if your employer can objectively justify their treatment of you.

Trade Unions

Trade Unions are organisations that represent people at work. Their main purpose is to protect and improve people's pay and conditions of employment. It may be possible to join a Trade Union at your place of work.

Health and Safety at work

Includes employees' and employers' health and safety responsibilities; accidents in the workplace; drug testing and employee monitoring; workplace stress, accidents in the workplace; safe manual work; safe computer use.

Discrimination at work

Equal opportunities laws aim to create a 'level playing field' so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job.

Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or a minority ethnic employee being refused the training opportunities offered to white colleagues.

You can’t be discriminated against because of your:

gender
marriage or civil partnership
gender reassignment
pregnancy and maternity leave
sexual orientation
disability
race
colour
ethnic background
nationality
religion or belief
age

Your employer also can’t dismiss you or treat you less favourably than other workers because you:

work part time
are on a fixed-term contract

Advice on your rights at work

If you need help or advice on any problems or issues you are having at work contact a North Ayrshire Citizens Advice Bureau and speak to one of our Employment Advisers. You can find our contact details at the bottom of the page, our hours of business can be found on our opening hours page, alternatively, you can email us via our contact us page.

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