Am I a worker?

Am I a worker?

What is the legal significance of a person’s employment status? A person’s employment status, under employment law, determines their rights and their employer’s responsibilities. Classifications of employment status include: worker employee self-employed and contractor director office holder   What is a ‘worker’? Generally, a person is considered a ‘worker’ if: they have a contract or verbal agreement to personally perform work in exchange for financial gain or a benefit in kind (for example, future work)…

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Am I entitled to redundancy pay?

Am I entitled to redundancy pay?

Redundancy is one way that an employer can terminate the employment contract of an employee, and is effectively one form of dismissal from employment. However, unlike some other forms of dismissal, redundancy occurs through no fault of the employee being made redundant. Redundancy happens when an employer needs to reduce the size of their workforce. To do this the employer must follow certain rules in order to ensure the process of selecting positions for redundancy…

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Can a clinically obese person be considered “disabled” at work?

Can a clinically obese person be considered “disabled” at work?

Question: I have been clinically obese all my life; am I able to make my employer make adjustments in the workplace to accommodate me? Answer: In employment law there are rules about what the law counts as a disability, or not. The Discrimination Disability Act (DDA) says that ‘disability’ means a physical or mental impairment, which has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities. According to this…

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Can conciliation help in workplace disputes?

Can conciliation help in workplace disputes?

A whole host of workplace issues have the potential to be resolved informally within the workplace. However, on occasion, these issues escalate into workplace disputes and even into formal legal claims. What is conciliation? Conciliation is a voluntary process that must be agreed by both parties to the dispute. Conciliation involves an independent third party – a conciliator – who discusses the workplace dispute with the parties with a view to facilitating understanding of their…

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Can I be made to work longer than 48 hours each week?

Can I be made to work longer than 48 hours each week?

  Usually adult workers cannot be forced to work more than 48 hours a week on average – this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week. Your working week is not covered by the working time limits if you have a job: where your working time is not measured or can…

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Can I build up and carry over holiday entitlement?

Can I build up and carry over holiday entitlement?

If you are a worker in the UK you have a statutory right to at least 5.6 weeks paid leave. This comes to 28 days paid holiday if you work five days a week. Holiday rights You begin accumulating paid leave as soon as you start working; however, there are some aspects of annual leave you may not be aware of: If you are working part-time, you are entitled to annual leave, but this will…

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Can I change my working arrangements if I care for an adult?

Can I change my working arrangements if I care for an adult?

If you are an employee who cares for an adult, you also have the right to ask to work to a flexible working pattern. The right is limited: you must have worked for your employer for 26 continuous weeks; and you can only make one application every 12 months. Types of flexible working The sorts of working pattern that you might be able to follow include: annualised hours (calculating the hours you work over a…

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Can I change my working arrangements if I have children?

Can I change my working arrangements if I have children?

Can I change my working arrangements if I have children? If you have children there are rights that allow you to adjust your working hours to better suit looking after your child or children. Adjusting your working hours to suitable raising a child or children is called ‘Flexible working’ and all employees have the right to request flexible working arrangements; not just parents and carers. Furthermore, if your child is a new-born or recently adopted,…

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Can I claim both unfair dismissal and wrongful dismissal? What is the difference?

Can I claim both unfair dismissal and wrongful dismissal? What is the difference?

Yes, you can claim both wrongful dismissal and unfair dismissal. Any money received for wrongful dismissal, however, will usually be cancelled out by the amount received for unfair dismissal (and vice versa) to stop you receiving double compensation. Having answered the first question, let’s turn to the differences between wrongful dismissal and unfair dismissal: (1) Statutory claim vs. contractual claim The first key difference is that wrongful dismissal involves a breach of contract, whereas unfair dismissal…

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Can I claim compensation for constructive dismissal?

Can I claim compensation for constructive dismissal?

There are two remedies available for constructive dismissal: re-employment; and/or compensation.   1. Re-employment If you claim unfair constructive dismissal and you want your old job back, you can ask for reinstatement. Or you can ask for re-engagement, which means a different job with the same or an associated employer. Before a tribunal/court orders reinstatement or re-engagement, it will weigh and balance the following factors: The employee’s wishes: the court/tribunal will not order either remedy…

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Can I get compensation for wrongful dismissal?

Can I get compensation for wrongful dismissal?

To work out compensation for wrongful dismissal, courts and tribunals apply the same rules as they would for any other breach of contract. This means you cannot recover damages that do not arise naturally from the breach. Also, you may claim damages to compensate you for losses resulting from the breach, but you cannot claim damages in order to punish your employer. Damages should merely put you, so far as money can, in the same…

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Can I refuse to comply with drug tests at work?

Can I refuse to comply with drug tests at work?

Workplace drug testing has become more common in recent years, though this is usually dependent on the industry sector you are working in. Nevertheless, more industries are including the right to test for drugs in their employment contracts or more commonly the employee handbook. If you are requested to take a drug test by your employer you may wish to seek legal advice from an employment solicitor to ensure that this is not of a…

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Can I take leave as a new father?

Can I take leave as a new father?

Can I take leave as a new father? If your partner is having a baby or you are adopting a child you may be eligible for paternity leave. Paternity leave is time off from work specifically for those in one of these situations. If your partner is having a child or you and your partner are adopting a child you may be eligible for: one or two weeks paid Ordinary Paternity Leave up to 26…

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Can I work in another EU Member State if I hold a UK passport?

Can I work in another EU Member State if I hold a UK passport?

UK citizens have the right to work in any European Economic Area (EEA) country. You can search for work using the jobs and skills search tool. If your employer sends you abroad to work you are a ‘posted worker’ – find out more about what this means. Right to work in other EU member states As a national of the European Union (EU) or Norway, Iceland or Liechtenstein (EEA countries) you have the right to…

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Can mediation help in workplace disputes?

Can mediation help in workplace disputes?

There are several ways to sort out problems in the workplace without going to court or an Employment Tribunal, including mediation. If you and your employer agree to mediation it can be quick, often less than a day, and is almost always less expensive and stressful than taking legal action. Mediation In mediation, an independent and impartial third party discusses the issues in dispute with you and your employer. This is sometimes done separately, sometimes…

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Can my employer force me to retire?

Can my employer force me to retire?

Recent legislation has removed the right for your employer to be able to force you to retire when you reach the age of 65. Previously, so long as they followed a certain set procedure your employer could make you retire when you reached the age of 65 (known as the default retirement age) regardless of the job you were doing or whether you wanted to stay. If you require further legal help with this matter…

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Can my employer legally enforce a dress code?

Can my employer legally enforce a dress code?

An employer can legitimately tell their employees to dress in a certain way at work; indeed, there is nothing to prevent an employer from including an express term in the contract of employment outlining the dress code that employees have to observe. Some may do so for health and safety reasons. However, even if there is no explicit reference to clothing in the contract, employees are still under an implied duty to obey their employer’s…

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Can my employer look at my emails?

Can my employer look at my emails?

Can my employer look at my emails?

This article analyses whether or not your employer can legally monitor your emails at work. It begins by looking at your employer’s duty to inform you about monitoring. It then turns to look at which emails your employer may monitor. And finally it examines your employer’s responsibilities as regards data protection. Duty to inform If your employer intends to monitor emails or internet use, it should inform you it intends to do so. This could…

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Can severe weather affect my holiday entitlement?

Can severe weather affect my holiday entitlement?

Flexible ways of working Employers should neither force nor encourage employees to travel to work in severe weather. If dangerous weather conditions make it difficult for employees to travel to work, employers should consider alternative ways of employees working.  This could include: providing employees with laptops or handheld devices authorising employees to work from home authorising employees to work flexibly. Employers are legally responsible for the health and safety of their employees irrespective of their…

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Constructive dismissal FAQs

Constructive dismissal FAQs

This article answers some frequently asked questions about constructive dismissal. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you. What is constructive dismissal? Constructive dismissal is a term used when an employee is not formally dismissed by their employer, but is forced to resign because of their employer’s unlawful behavior. In order to pursue a claim…

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Do I have different employment rights if I work in the agricultural sector?

Do I have different employment rights if I work in the agricultural sector?

If you are an agricultural worker, some of your rights are in common with regular workers and others are unique to the agricultural sector. If you were employed in England before 1 October 2013, you are ordinarily entitled to: Minimum pay rates, which may be more than the National Minimum Wage (NMW) Paid holiday Agricultural sick pay Pay (even if poor weather conditions prevent your work being done) Night work pay On-call allowance 30-minute rest…

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Do I have the the right to request flexible working?

Do I have the the right to request flexible working?

‘Flexible working’ is a method of working that is best suited to an employee’s needs. Examples include: remote working term-time working part-time working flexi-time job-sharing.   Flexible working – the employee’s rights and responsibilities Employees must make requests for flexible working: in writing stating their relationship to the child or carer detailing the impact the flexible working arrangement will have on the employer’s business giving a suggested start date.   Requests for flexible working also…

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Do I have to use my holiday leave for time off when I have public duties?

Do I have to use my holiday leave for time off when I have public duties?

As an employee, you may be required to perform public duties from time to time. However, you do not have to use your holiday entitlement to do so. You can get time off work from your employer who can exercise their discretion as to whether or not they will pay you for this time. Who is eligible for time off work? If you are called up to perform jury service, for example, you must be…

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Do I need a written contract of employment?

Do I need a written contract of employment?

A written contract of employment is important because it protects you as a worker and clearly states what you can expect from your employer. While it is not always essential to have an employment contract in writing – a verbal agreement can still be legally valid – it is far better for you to have an employment contract in writing. It is a legal requirement for and employer to give their employees a ‘Written Statement…

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Do I need permission to work in the UK?

Do I need permission to work in the UK?

If you want to come to the UK to work you may need to apply for permission under the points-based system. Find out about the different tiers, and what you will need for your application. If you require further help on a matter of employment or immigration law you can use our solicitor directory to the right of this article to look for legal advice near you. Applying for a visa Your right to work in…

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Do I qualify for redundancy pay?

Do I qualify for redundancy pay?

To work out whether or not you qualify for redundancy pay, you should first look at your employment contract. If it doesn’t mention a payment (or you don’t have a written contract), you may still be legally entitled to statutory redundancy pay. Generally, to qualify for statutory redundancy pay: you must have worked as an employee; continuously for the same employer for two years over the age of 16; your employer must dismiss you (actually,…

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Does my employer have a fair reason to dismiss me?

Does receiving tips affect my national minimum pay rate?

Does receiving tips affect my national minimum pay rate?

If your job involves receiving tips at work, they will not count towards the National Minimum Wage (NMW). However, you will be required to pay tax on them. You may also have to make National Insurance Contributions (NICs). How your tax is calculated and whether or not you are liable to make NIC payments depends on: Who the tips are given to Who determines how the tips are distributed.   How are cash tips given…

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How can I find work through an employment agency?

How can I find work through an employment agency?

Recruitment agencies can be an excellent means of finding either temporary or permanent roles. They are also able to search for jobs for you on your behalf. Choosing an agency There are a wide variety of different agencies in the UK. Some handle less specific roles while others are much more specialist. Agencies can also focus on junior staff, senior positions, or both. Before registering with a recruitment agency think carefully about the type of…

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How do employment contracts transfers work?

How do employment contracts transfers work?

What is the purpose of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE)? When a business, or ‘undertaking’, is transferred from one owner to another, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) aims to protect employees’ terms and conditions of employment. What is the practical effect of a transfer of undertakings? When a business changes hands, employees of the previous business owner automatically become employees of the new owner and they are…

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How do I appeal a workplace grievance decision?

How do I appeal a workplace grievance decision?

Workplace grievances are commonplace and it is likely that in the course of your career you will be subjected to at least one or even more grievances. Dealing with workplace grievances is difficult, but with the right approach and legal advice, many grievances can be resolved, allowing you to get the outcome you desire. Workplace grievances can arise in a number of ways, but typically the term covers any concern, dispute or problem that arises…

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How do I bring a claim for unfair dismissal?

How do I bring a claim for unfair dismissal?

This article explains what an unfair dismissal is and how you can bring a claim against one. Fair and unfair dismissal Dismissal from employment may be fair or unfair, depending on the circumstances in which it occurs. ‘Unfair dismissal’ is when the employer does not: a) have a good reason for dismissing the employee; or b) follow the company’s formal disciplinary or dismissal process. Remedies for unfair dismissal In the event of a successful claim…

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How do I bring a claim for wrongful dismissal?

How do I bring a claim for wrongful dismissal?

What is wrongful dismissal? Wrongful dismissal typically involves an employer dismissing an employee, which in turn breaches the employee’s contract.  Unlike unfair dismissal, which is based solely on statutory rights, wrongful dismissal is a cause of action that is founded not only on statute, but also on contract law. An example of wrongful dismissal is when an employer ends an employee’s contract without giving them the proper notice. Although the notice period is agreed by…

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How do I calculate my holiday entitlement?

How do I calculate my holiday entitlement?

How do I calculate my holiday entitlement?

Holiday is one of the few employment benefits enjoyed by almost all workers in the UK. The right to paid time off for holiday accrues in almost all circumstances, and paid holiday features in full time, part time and even temporary contracts. In the UK, the legal requirement for holiday entitlement is 28 days’ paid annual leave per annum, for anyone who works a full-time, five day per week job. This entitlement is easily calculated…

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How do I calculate my night work hours?

How do I calculate my night work hours?

What is a night worker? The hours between 11pm and 6am are considered to be the ‘night period,’ unless you and your employer agree a different night period. If you consistently work a minimum of three hours during the night period, you are a night worker. Your hours must be agreed in writing and must be seven hours long, including the hours from midnight to 5am. It is also possible that you are a night…

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How do I calculate my pay?

How do I calculate my pay?

Its important to know how to calculate a weeks pay as it is used to work out how much you should get when claiming some employment rights, such as redundancy pay. It is not always the same as your average pay, or the pay you get in a typical week A weeks’ pay The pay you are dueeach week under your contract of employment can be different to your average pay over a month or…

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How do I calculate my redundancy pay?

How do I calculate my redundancy pay?

How much redundancy pay you get depends on your wage, how long you have worked at the company and your age. If you are trying to work out your redundancy payment, find out how it is calculated or use the online calculator. Contractual redundancy pay You should check your employment contract for how much redundancy pay you are entitled to. Some employers offer employees more generous packages than the statutory minimums as part of their…

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How do I calculate my time at work?

How do I calculate my time at work?

How do you calculate your working hours? Your average working hours are calculated over a ‘reference period,’ which is typically 17 weeks (trainee doctors and offshore oil and gas workers have different reference periods of 26 and 52 weeks respectively). In essence, you are legally allowed to work more than 48 hours in one week and not in another, provided your average working time over 17 weeks is less than 48 hours a week. If…

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How do I care for someone while working?

How do I care for someone while working?

If you find yourself caring for someone but need to work at the same time, there are a few things recommended you do. Informing your employer The first thing you should do if you find yourself caring for someone whilst working is to tell your employer. If you are caring for someone with a disability, it is likely unforeseen events can occur that may affect your work or prevent you from getting to work on…

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How do I claim constructive dismissal?

How do I claim constructive dismissal?

You may be able to claim constructive dismissal if you are forced to resign because of your employer’s unlawful behaviour. In order to pursue a claim for constructive dismissal, you must show that: 1. your employer committed a serious breach of your employment contract; 2. you did not accept the breach; and 3. you felt forced to resign because of that breach. To find a solicitor to discuss whether you might have a case for…

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How do I claim wrongful dismissal?

How do I claim wrongful dismissal?

You can pursue your claim for wrongful dismissal either in the civil courts (i.e., the county court or the high court) or before an employment tribunal. Going to an employment tribunal To commence an action with an employment tribunal, you must file Form ET1 within three months of your last day of employment. One advantage of using an employment tribunal is that a claim for wrongful dismissal can be dealt with at the same time…

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How do I end and renew my fixed-term contract?

How do I end and renew my fixed-term contract?

Your fixed-term contracts usually ends when it reaches an agreed end point. This means your employer does not need to give you notice. However, your employer must still act fairly and follow any dismissal procedure if necessary. If they don’t do this, you may have a case for unfair dismissal. Ending a fixed-term contract Fixed-term contract end on the date recorded on the agreement made between you and your employer. However, even if you are on a…

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How do I enrol into a pension at work?

How do I enrol into a pension at work?

What is a workplace pension? A workplace pension is a way you can save money for when you retire from work. Each month a portion of your income is paid into your pension each month. This payment is done automatically. Also, in many instances, employers will also pay money into the pension, increasing the amount saved further. You may also receive tax relief for the government. Over time your pension should increase in value as you…

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How do I find employment after being made redundant?

How do I find employment after being made redundant?

If you are facing redundancy, you may find new work with a new employer or your employer may offer you a different job. Find out about the different processes associated with each and how you can get help. Offers of alternative employment If your employer is making you redundant, where possible they should try to offer you ‘suitable alternative employment’ within their organisation or an associated company. Whether a job is ‘suitable alternative employment’ depends…

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How do I find work with an entertainment or modelling agency?

How do I find work with an entertainment or modelling agency?

Modelling and entertainment are very competitive fields to get into. This guide will help you to find work in these areas.   Modelling You can get into modelling in a number of different ways: Put together your own marketing plan and find work yourself as an independent or ‘freelance’ model. As a freelance model, you can sign non-exclusive contracts with several agencies Sign-up with various modelling agencies.   Whether you represent yourself or you are…

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How do I give and receive a reference?

How do I give and receive a reference?

For job applicants, it’s essential to know the law on giving and receiving a reference as a good or bad one can make all the difference in an employer’s decision to hire you. Similarly, if you’re an employer or manger asked to give a reference, it’s important to know what your obligations are since you can incur significant liability if you make a mistake. No duty to provide a reference While it’s good practice to…

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How do I hand in my notice and what happens if I receive notice?

How do I hand in my notice and what happens if I receive notice?

Handing in, or receiving your notice, marks the beginning of the end of your employment with a particular employer. By law the statutory notice period, if you have worked for your employer for more than one month, is one week. However, it is common for employment contracts to state that the notice period for a job is longer. If you require further help on a matter of employment law you can use our solicitor directory to the…

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How do I inform the authorities about workplace wrongdoing (whistleblowing)?

How do I inform the authorities about workplace wrongdoing (whistleblowing)?

If you are blowing the whistle on malpractice or wrongdoing in the workplace you should make the disclosure (reveal the information) to your employer or to a prescribed person so that your employment rights are protected. Blowing the whistle to your employer If you are blowing the whistle on malpractice in the workplace you should strongly consider making the disclosure to your employer. If you make a disclosure to your employer it will help to…

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How do I make a claim to an employment tribunal?

How do I make a claim to an employment tribunal?

If you have a problem at work that you can’t sort out, you might be thinking about making a claim to an Employment Tribunal. Find out what to do to make a claim and where to send the claim form. Before making a claim Before you make a claim, it will be helpful to seek specialist advice, particularly about: the tribunal process the kind of evidence you might have to present to support your claim…

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How do I make a complaint about discrimination at work?

How do I make a complaint about discrimination at work?

Despite huge advances in equality in modern societies, discrimination remains commonplace in many spheres of day-to-day life. Discrimination means treating another person differently because of an inherent characteristic. Examples of characteristics that form the basis of discrimination include age, gender and sexual orientation, although there are many others. In the UK, many forms of discrimination are outlawed by virtue of European human rights legislation (article 14 and protocol 12), but also due to the Equality…

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How do I obtain references when I get a job offer?

How do I obtain references when I get a job offer?

Prospective employers are not only interested in your education and work experience. They also want to find out what you are like as a worker. Given your desire to secure employment, the chances are that you may hide traits or exclude experiences that are not favourable to your job application, therefore employers tend to ask you for references instead.   What is a reference? A reference is a statement provided by a person(s) who knows…

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How do I raise a grievance at work?

How do I raise a grievance at work?

Raising a grievance at work is something many of us will have to do in our professional careers. Grievances can be caused by anything from a change in work circumstances or a problem with health and safety, to what you perceive is a breach of your work contract. You might also feel harassed in the workplace, or even discriminated against. Workplace grievances are common. A report conducted by ACAS in 2008 looking at the number…

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How do I resign from a job and what happens afterwards?

How do I resign from a job and what happens afterwards?

How much notice do you have to give? Most employment contracts state that you have to continue working for an employer for a specified amount of time after you resign from a job. This is known as your ‘notice period.’ Your notice period depends on two things: The length of time you have been in your job The terms and conditions of your contract.   If you have been employed for a period of one…

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How do I resolve problems with my trade union?

How do I resolve problems with my trade union?

If you are looking to make a complaint against a trade union then it is suggested you contact the United Kingdom Certification Officer. What does the Certification Officer do? The Certification Officer has a number of duties and responsibilities. They: certify the independence of trade unions ensure the statutory requirements governing mergers between trade unions and employers’ associations maintain a list of trade unions and employers’ associations oversee the political funds and finances of trade…

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How do I use employment agencies?

How do I use employment agencies?

While agency workers (often called ‘temps’) benefit from many employment rights, they will have different working rights from employees. As an agency worker, it’s important to know your rights and the rules about the way employment agencies and employment businesses should treat you. Employment agencies and employment businesses Employment businesses andemployment agencies are different things: abusiness that arranges you temporarywork with a hiring company is legally known as an ’employment business’ an employment agency is…

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How does arbitration help in workplace disputes?

How does arbitration help in workplace disputes?

Arbitration can be used for several things, including resolving individual or collective problems at work, without going to an Employment Tribunal (eg when trade unions are considering strike action). Find out what arbitration is and how it could be helpful to you. What is arbitration? In arbitration, you and your employer allow an independent and impartial outsider (the arbitrator, or arbiter in Scotland) to determine the outcome of your problem. Arbitration differs from conciliation and…

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How is minimum wage law enforced?

How is minimum wage law enforced?

The National Minimum Wage is a legal minimum that employers must pay their employees in order to comply with the law. It was introduced by the National Minimum Wage Act 1998, and came into force on 1 April 1999. Under the legal provisions employers are obliged to pay individuals a fixed-rate minimum wage. The actual amount changes year on year with changes brought about by the policies of individual governments. The current National Minimum Wage…

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How many hours can my employer make me work?

How many hours can my employer make me work?

How many hours can my employer make me work?

Working hours are often a contentious issue in employment. Although many employees work a standard 40-hour working week, many are asked to work longer hours in order to satisfy demand or cope with short staffing. The law aims to protect employees from having to work excessive hours, which can be dangerous to the health and wellbeing of the workforce. The European Working Time Directive (2003/88/EC) states that workers should be entitled to work no more…

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How should I handle disciplinary action as an employee?

How should I handle disciplinary action as an employee?

This guide contains information for employees whose employers have taken disciplinary action against them on or after 6 April 2009. In the eyes of the law, an employee may be: An agency worker A home worker A self-employed person. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you.   What is disciplinary action? Your employer may…

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I am being paid less than the minimum wage. What can I do?

I am being paid less than the minimum wage. What can I do?

The majority of people legally working in the UK must receive at least the minimum level of pay from their employer (irrespective of their size) – known as the National Minimum Wage (NMW). Who does the National Minimum Wage apply to? The NMW applies to workers at or over compulsory school-leaving age (the last Friday of the school year they turn 16) including: overseas workers in the UK on a short-term basis agency and home-workers…

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I work irregular hours. Am I entitled to the National Minimum Wage?

I work irregular hours. Am I entitled to the National Minimum Wage?

Almost all workers should be paid the National Minimum Wage. If you are paid according to the number of hours you are at work, you are a doing time work. ‘Salaried hours’ workers are paid in equal weekly or monthly instalments for an agreed basic number of hours over a year. Time work If you are paid according to the number of hours you are at work, you are doing time work so anybody whose…

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More redundancy FAQs

More redundancy FAQs

Can my employer offer me redeployment at a lower salary? Even if you are made redundant, should you unreasonably refuse an offer of suitable alternative employment you will lose your entitlement to redundancy pay. This alternative offer of work must be made by your employer before your contracted-employment period ends and must commence at the latest within four weeks of the end of the original contract. Whether you are entitled to reject the proposal (and…

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Redundancy FAQs

Redundancy FAQs

Below are some of the common questions people have when faced with redundancy. If you require further legal help after being made redundant you can speak to a local solicitor by using our directory here. How do I know if I’ve been fairly selected for redundancy? As a first step, your employer must fairly select a category of employees for redundancy. Generally, employment tribunals grant employers a certain degree of leeway on this: provided a…

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Should I hire a solicitor if I lose my job?

Should I hire a solicitor if I lose my job?

In a job loss or redundancy situation, there are a number of reasons why you might want to hire a solicitor. Here is a list of several of them: Possible claim for unfair dismissal If you lose your job because you’ve been made redundant, you might nevertheless have a claim for unfair dismissal. Although a genuine redundancy is not regarded as unfair dismissal, to make you redundant your employer must follow certain procedures. If your…

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Should I join a trade union?

Should I join a trade union?

What is a trade union? A trade union is created when a group of workers or employees working in the same or similar sections or doing similar jobs band together to support one another. What do trade unions do? Trade unions can help members with: any issues they may have with an employer advice and support at grievance and disciplinary meetings negotiating contracts and employment conditions any redundancy issues   Do I have to pay…

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Should I resign and claim constructive dismissal?

Should I resign and claim constructive dismissal?

If your employer acts unlawfully and commits a serious breach of your employment contract, you may need to resign. In this case, you may have a claim for constructive dismissal. Before resigning, you should be aware that you will need to: prove your employer committed a serious breach of your employment contract; show that you did not accept or waive the breach; and demonstrate that you had no other option but resign. 1. What conduct…

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Unfair dismissal FAQs

Unfair dismissal FAQs

What is unfair dismissal? Dismissal can be unfair for a variety of reasons. For example, your employer may lack a fair reason for dismissing you; your employer may fail to follow the correct dismissal process; or your employer may dismiss you for an automatically unfair reason. What are fair grounds for dismissal? If you pursue a claim for unfair dismissal, your employer has the burden of showing your dismissal was based on one of six…

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Warning: your lifestyle and expenses may need adjusting

Warning: your lifestyle and expenses may need adjusting

If you’ve lost your job, most likely you’re going to need to adjust your lifestyle and focus on reducing your expenses. Here’s a checklist of things to focus on: 1. Budgeting First things first, you need to carefully analyse your budget. Go through your bills and spending patterns during the last few months of your employment. Separate out essential purchases from non-essential items. After you’ve done this, come up with a plan to eliminate non-essential…

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What am I entitled to if I am a member of a trade union?

What am I entitled to if I am a member of a trade union?

What is a trade union? A trade union is a body of members who are normally workers or employees. It is responsible for safeguarding your interests in the workplace by: Negotiating agreements with your employer in connection with your pay and working conditions Discussing significant changes, such as mass redundancy Discussing yours and other members’ concerns with employers Accompanying members to disciplinary and grievance meetings. What employment rights do you have as a trade union…

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What are instant dismissals?

What are instant dismissals?

If your employer is dismissing you from your job then there are certain procedures they should follow. In some cases your employer might be able to instantly dismiss you without going through the normal disciplinary procedures. What is instant dismissal? If your employer instantly dismisses you without making any investigation into the reasons why you are being dismissed, the circumstances are nearly always considered unfair. An example of an unfair dismissal could be where a…

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What are my employee rights if the company for which I work is insolvent and is transferred?

What are my employee rights if the company for which I work is insolvent and is transferred?

If your employer is insolvent and their business is being transferred or taken over by another company, your employment rights might be protected, depending on the type of insolvency proceeding. There are some differences to the protections offered during a normal transfer. Employment protection during insolvency If your employer is insolvent and they are closing the business, selling the assets and distributing the proceeds to creditors your employment rights will probably not be protected during…

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What are my employment rights as a volunteer?

What are my employment rights as a volunteer?

Most volunteers don’t have a contract of employment and so don’t have the rights of an ordinary employee or worker. These include the right to a minimum wage, holiday and sick pay, and other statutory rights. Your employment rights If you volunteer, you’re normally told about this in a volunteer agreement. This is usually part of a set of documents, which includes a volunteer policy and voluntary work outlines, like a job description. The volunteer…

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What are my employment rights as a worker?

What are my employment rights as a worker?

As a worker there are certain rights that you are entitled to. Read on to learn more about what some of these rights are. What is the difference between my contractual rights and statutory rights in an employment law context? When an employee enters into an employment contract with an employer, they automatically have conferred on them: 1. ‘contractual rights’, as laid out in their contract of employment 2. ‘statutory rights’, which are rights provided…

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What are my employment rights as an agency worker?

What are my employment rights as an agency worker?

What is an agency worker? An agency worker – sometimes called a ‘temp’ – is contracted with an employment agency to work for an employer on a temporary basis. The following apply to agency workers: they have a contract with an agency they are temporarily supplied to an employer by an agency their work on an assignment is directed by the employer. A worker is not an agency worker if: they are self-employed they work…

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What are my employment rights as an employee?

What are my employment rights as an employee?

Employees have rights and many of these rights are legally protected, meaning all employees have recourse to the law to ensure those rights are observed, and that they receive compensation or some other form of redress when they are not. Some employee rights are statutory, this means they are given by the law of the UK and apply to all employees. Other rights are contractual, which means they are given by your particular employment contract….

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What are my employment rights if I am adopting a child?

What are my employment rights if I am adopting a child?

You have the right to adoption leave and pay if you are: adopting on your own; or a member of a couple adopting together. If you are a couple adopting together, you can choose which of you takes the adoption leave — the other person may be entitled to maternity or paternity leave and pay. To be able to take adoption leave and receive adoption pay you must: be newly matched with a child for…

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What are my employment rights if I am having a baby?

What are my employment rights if I am having a baby?

The UK allows parents a legal right to take time off in order to have or to adopt children, and to bring those children up. This was not always the case, and indeed the UK lagged behind much of Europe in the 1980s, with no law allowing parents time off to have children. The legal situation in the UK was clarified in the late 1990s, when the Labour Government introduced the Employment Relations Act 1999…

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What are my employment rights if I work abroad?

What are my employment rights if I work abroad?

  If you go overseas to work as an employee for a UK-based company, your employment rights may change. They may not be the same abroad as they were in the UK. For instance, the number of working hours, annual leave and public holidays may vary. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you….

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What are my employment rights if I work part-time?

What are my employment rights if I work part-time?

What are my rights as a part-time worker? Just like full-time workers, part-time workers’ rights are protected by the law. Am I a part-time worker? If you work fewer hours than a full-time worker then you can be considered part-time. However, there is no specific number of hours that defines a full-time worker and it is likely you can find out whether you are a part-time or full-time worker via your contract or job description….

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What are my employment rights if the company I work for is affected by a business transfer or takeover?

What are my employment rights if the company I work for is affected by a business transfer or takeover?

  When the company you work for changes its owner, your employment rights may be protected under the Transfer of Undertakings (Protection of Employment) regulations (TUPE). If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you.  What is TUPE protection? TUPE applies to all employees of businesses in the UK, irrespective of the size of the…

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What are my entitlements during Statutory Maternity Leave?

What are my entitlements during Statutory Maternity Leave?

Your employment terms, for example your pension contributions and holiday entitlement, are protected while you are on Statutory Maternity Leave. If you are made redundant while on Statutory Maternity Leave you also have extra rights. Find out more about your employment rights during Statutory Maternity Leave. What happens to your employment terms and conditions While you are on Statutory Maternity Leave your employment terms and conditions are protected. You keep your normal employment rights and…

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What are my legal rights during the recruitment process?

What are my legal rights during the recruitment process?

Job seekers often complain about feeling powerless during the recruitment process. While to a certain degree this is understandable, it is important to remember that you have a number of legal rights. Recruitment fees and other charges Employers and employment agencies are not allowed to make you use fee-paying services (e.g., CV writing, training courses, or transport) as a requirement for finding you work. They are also forbidden from charging you fees for seeking to…

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What are my rights if I am made redundant?

What are my rights if I am made redundant?

Your employer has responsibilities to treat you fairly and follow the correct process if they are considering making redundancies. They should think about any alternatives to making you redundant. Get an overview of your rights if you are facing redundancy. What is redundancy? Redundancy is a form of dismissal from your job, caused by your employer needing to reduce the workforce. Reasons could include: new technology or a new system has made your job unnecessary…

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What are my rights if my employer becomes insolvent?

What are my rights if my employer becomes insolvent?

Redundancy can be a worrying prospect. Among the most disturbing redundancies are those where your employer goes bust without giving you advance warning of any kind. In these circumstances, it is natural to wonder whether you will receive any of what you would normally have been entitled to during redundancy, such as wages or salary, redundancy pay or pay in lieu of notice. Fortunately, you will have some protection, even if your employer is no…

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What are my rights when it comes to trade unions?

What are my rights when it comes to trade unions?

Employers and employment agencies must not treat you unfairly because you decide to join, decide to leave, refuse to leave or refuse to join a trade union. If they do, you may be able to make a complaint to an Employment Tribunal. Trade union membership: your right to choose You have the right to: choose to join or not join a trade union decide to leave, or remain a member of, a trade union belong…

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What are my rights when taking time off for dependants?

What are my rights when taking time off for dependants?

In many cases you have the right to take time off work to deal with an emergency involving someone who depends on you (sometimes called compassionate leave). You cant be penalised by your employer for taking the time off, providing your reasons for taking it are genuine. Your right to time off for dependants If you are an ’employee’, you have the right to unpaid time off work to deal with emergencies involving a ‘dependant’…

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What are my rights when working for a multinational company?

What are my rights when working for a multinational company?

If you work for a multinational company you may have the right to be informed and consulted about important ‘transnational’ workplace issues. Transnational issues are ones that affect your company’s workplaces in more than one country. The right to be represented on a European Works Council You may have rights under the Transnational Information and Consultation of Employees (TICE) Regulations 1999, if you work for a business that is: part of a multinational company operating…

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What are Standard Occupational Classification codes?

What are Standard Occupational Classification codes?

What is the Standard Occupational Classification (SOC) code and what is it used for? The Standard Occupational Classification (SOC) code is a common categorisation of UK occupations, which classifies jobs in terms of their skill level and content. SOC is maintained by the Classification and Harmonisation Unit (CHU) of the Office for National Statistics (ONS). SOC is used for: career information to labour market entrants job matching by employment agencies the development of Government labour…

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What are the new regulations for agency workers?

What are the new regulations for agency workers?

The Agency Workers Regulations 2010 are due to come into force in October 2011 and will add to the legislation, principally the Employment Rights Act 2005 that controls the way agency workers are treated. What is an agency worker? With regard to the regulations an ‘agency worker’ is defined as anybody who is supplied to do temporary work by an agency and has some kind of contractual agreement with the agency. The contractual relationship between…

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What can I do about bullying in the workplace?

What can I do about bullying in the workplace?

Everyone has a right to be able to go to work and be treated with dignity and respect by their fellow employees and employers. For the vast majority of people this is a reality, and their workplace is hassle-free. However, for some, bullying in the workplace is their day-to-day life, and it can lead to many side effects including a negative impact on someone’s career, poor productivity, upset and even depression. Bullying in the workplace…

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What can I do if I am made redundant during pregnancy or maternity leave?

What can I do if I am made redundant during pregnancy or maternity leave?

Redundancy is a potentially fair reason for dismissal regardless of whether you are pregnant or on maternity leave. But if an employer selects you for redundancy purely because you’re pregnant, on maternity leave, or recently had a child, you can claim automatic unfair dismissal and sex discrimination. In all cases, employers have the burden of proving they acted reasonably when carrying out the redundancy. If your case reaches an employment tribunal, they will consider whether…

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What can I do if I am made redundant?

What can I do if I am made redundant?

Find out about the range of support available to help you cope with redundancy. You can find out your rights, search for work and get practical help when applying for jobs. You can also use the online benefits adviser to find what benefits you and your family may be entitled to. Being made redundant Redundancy can be a worrying time, but support is available. If you are going to be made redundant from your job,…

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What can I do if I am unfairly dismissed?

What can I do if I am unfairly dismissed?

If you are dismissed by your employer (or you are threatened with dismissal), there are a number of options you can pursue to get help to resolve your issues: Mediation Conciliation Arbitration Trade union advice (if you are a member).   If you are unable to settle the dispute between you and your employer using one of these methods, you can pursue a claim for unfair dismissal before an employment tribunal. What is the qualifying…

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What can I do if I disagree with changes in your employment conditions?

What can I do if I disagree with changes in your employment conditions?

Sometimes your employer will want to bring in a change to your contract that you don’t agree to. Find out what your rights are if that is happening and how you can raise your complaint. What if you and your employer don’t agree? If you don’t agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the…

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What can I do if I have been accused of stealing by my employer?

What can I do if I have been accused of stealing by my employer?

If you have been accused of stealing by your employer, you not only risk losing your job, but potentially going to prison. This guide will outline your rights at work in connection with dismissal if you have been arrested and the circumstances in which your employer can dismiss you fairly following allegations of theft at work. Unfair dismissal You have the right not to be unfairly dismissed by your employer. If your employment started before…

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What can I do if I lose my job?

What can I do if I lose my job?

This article provides a few suggestions on practical steps you can take if you’ve lost your job. 1. Verify the reason for dismissal There are only six potentially fair reasons for dismissal: misconduct; lack of qualifications; retirement; redundancy; legal bar prevents continuing employment; “some other substantial reason” justifies dismissal (e.g., acting inappropriately at work). In all circumstances, your employer must act reasonably in treating the reason as a sufficient ground for dismissal. If your employer…

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What can I do to resolve a problem at work?

What can I do to resolve a problem at work?

If you have a problem at work find out about the different ways, both informal and formal, that you could try to help sort things out. Before taking action try to work out what the problem is and make sure it isnt a simple mistake or misunderstanding. Try to sort it out informally first Problems with your employer will probably come under one of two categories, grievances or disciplinaries. Grievances These areconcerns, problems or complaints…

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What different types of trade union representatives are there?

What different types of trade union representatives are there?

If you have a problem at work you might need to talk to your most appropriate workplace representative. If you arent sure who the most appropriate representative is, you should talk to your shop steward or branch representative who will normally know. Permanent trade union staff Many trade unions employ paid staff to act as representatives (reps) for employees in the workplace. They often work closely with lay reps (eg shop stewards and other workplace…

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What do I need to know about trade union political funds?

What do I need to know about trade union political funds?

Some trade unions maintain a political fund. This is a separate account which the trade union can use to provide financial support for a political party. For example, they could donate to a party or particular politician, produce leaflets in support at an election, or support party conference costs. Political funds Trade unions may have an interest in government policies or other issues of the day. It isnot unusual for trade unions to campaign in…

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What do I need to know about “guarantee pay”?

What do I need to know about “guarantee pay”?

What is a lay-off? As an employee, at certain times it may be necessary for your employer to temporarily lay you off from work. If your employer does not have sufficient work for you to do, they may advise you not to come into work. If you remain off work for at least one full working day, this is called a ‘lay-off.’ This is different to ‘short-time’ working when you continue working, but your hours…

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What do I need to know about accommodation offset rates?

What do I need to know about accommodation offset rates?

When your employer is working out the minimum wage, they can take your accommodation charges into consideration. The offset rate for accommodation expenses is £5.35 per day, which works out at a weekly rate of £37.45. If your employer charges more than this amount, the difference is deducted from your pay, which counts for the minimum wage. In other words, the higher the accommodation charge, the lower your pay when calculating minimum wage. If the…

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What do I need to know about additional paternity leave?

What do I need to know about additional paternity leave?

New fathers could potentially be entitled to up to 26 weeks’ Additional Paternity Leave or Additional Statutory Paternity Pay, or both, if they meet the necessary requirements. This is on top of their entitlement to Ordinary Paternity Leave. Ordinary Paternity Leave If you meet the requirements for Ordinary Paternity Leave and qualify for Ordinary Statutory Paternity Pay, you will be entitled to up to two consecutive weeks off work at a rate of £138.18 or…

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What do I need to know about age discrimination and the law?

What do I need to know about age discrimination and the law?

Age discrimination, which is often referred to as ‘ageism,’ occurs when you are treated unfavourably due to your age. This guide focuses on age discrimination you may experience at work and how the law protects you. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you.   Equality Act Under the Equality Act 2010, it is…

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What do I need to know about annual leave and holidays?

What do I need to know about annual leave and holidays?

Who is entitled to paid holidays? ‘Statutory holiday’ refers to the right that most workers have to take a minimum amount of holiday. Workers are permitted to take statutory paid holiday. Workers include full-time, part-time, agency and casual workers. Only the self-employed and a few other categories of worker (such as members of the armed forces) are not entitled to statutory paid holiday. Statutory holiday rules are applicable irrespective of the workers’ age and duration…

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What do I need to know about being a European worker in the UK?

What do I need to know about being a European worker in the UK?

If you are a European worker and want to come to the UK to work your new employer will need to know if it is legal for you to do so. Find out if you will have to register and what proof you will need to show an employer. Coming to work in the UK Nearly all European Economic Area (EEA) and Swiss nationals are free to enter and live in the United Kingdom without…

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What do I need to know about being dismissed by my employer?

What do I need to know about being dismissed by my employer?

What is dismissal? In an employment law context, ‘dismissal’ occurs when an employer brings an employee’s time in employment to an end – with or without giving them notice. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you. Can an employer dismiss an employee without giving a proper reason? An employer must provide a valid (justifiable)…

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What do I need to know about being temporarily laid-off from work?

What do I need to know about being temporarily laid-off from work?

Temporary lay-offs occur when a business suffers from circumstances resulting in a temporary reduction in the amount of work. As a result of a reduction in the amount of work, it is common for an employer to consider a temporary lay-off of staff as a way to cut costs in the short term, until the amount of work increases. A lay-off is termed such when you are asked not to work for at least one…

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What do I need to know about booking holiday time at work?

What do I need to know about booking holiday time at work?

If you are thinking of taking a holiday and you are working, ensure you have given your employer the correct amount of notice and make sure your employer pays you correctly. I want to take a holiday If you decide on taking a holiday, you need to give your employer advanced notice. This notice should be at least twice as long as the intended holiday. Furthermore, be aware an employer can refuse permission for your…

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What do I need to know about breaches of contract?

What do I need to know about breaches of contract?

A breach of employment contract is a fairly common cause of dispute between an employee and an employer. An employment contract may be broken when one party to the contract fails to follow a term in the contract. In general, as with all other employer-employee disputes, it is usually worth pursuing an informal line of redress first, before considering more formal options. Breach of contract can occur in a wide variety of circumstances. The common…

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What do I need to know about changes to employment contracts?

What do I need to know about changes to employment contracts?

In normal circumstances, an employer and an employee must agree to any changes in the contract of employment. However, an employee can insist on an amendment if they have a legal right to it. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you.   If you are an employer If you are an employer, you…

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What do I need to know about collective agreements and collective bargaining?

What do I need to know about collective agreements and collective bargaining?

One of the main aims of a trade union is to negotiate with employers about matters affecting their members and other employees. These negotiations are known as ‘collective bargaining’. Find out how collective bargaining works and what impacts collective agreements could have on you. Collective bargaining Where a trade union and an employer agree to bargain about terms and conditions, the employer is said to recognise the trade union. Once a trade union is recognised…

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What do I need to know about collective redundancy consultation representatives?

What do I need to know about collective redundancy consultation representatives?

Any employer contemplating ‘collective redundancy’ – that is, making 20 or more employees redundant – is under a legal duty to consult with representatives of affected employees beforehand. Employees may be represented by trade union representatives or employee representatives. These are known as ‘collective redundancy consultation representatives.’ Trade union representatives An employer must consult with an authorised trade union official if the employees affected by the collective redundancy are represented by a recognised trade union…

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What do I need to know about compromise agreements?

What do I need to know about compromise agreements?

A compromise agreement (also known as a ‘settlement’ agreement, ‘termination agreement’ or ‘severance agreement’) is a contract between an employer and a departing employee. The key terms of an agreement typically provide for the payment of a negotiated financial sum by the employer to the employee and a promise from the employee not to pursue a legal claim against the employer. Sometimes the employer will also agree to provide a reference. If you require further help…

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What do I need to know about constructive dismissal?

What do I need to know about constructive dismissal?

If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you.   What is constructive dismissal? Constructive dismissal is where you leave your job due to your employer’s conduct towards you. In essence, your employer will have made your working life so difficult that you feel you are unable to continue at your place of employment. When…

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What do I need to know about continuous employment?

What do I need to know about continuous employment?

What do I need to know about continuous employment?

What do I need to know about continuous employment?  Some employment law rights are only conferred on employees who have been continuously employed by one employer for a minimum period of time without a break. Continuous employment is the time frame during which an employee works for an employer that is used to decide which (if any) individual employment rights the employee can take advantage of, such as: Maternity pay Flexible working requests Redundancy pay….

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What do I need to know about disciplinary issues at work?

What do I need to know about disciplinary issues at work?

Disciplinary issues are common at work, and are a cause of problems for both the employees involved and the employer who has to decide how best to deal with the disciplinary issues. An employer could have several reasons to initiate a disciplinary action against an employee. Common examples of underlying causes for disciplinary issues include: Employee behaviour, including punctuality and misconduct Absence from work Poor or unacceptable standard of work   How employers should handle…

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What do I need to know about discrimination and the law?

What do I need to know about discrimination and the law?

It is unlawful to discriminate against a person at work or in employment services on the following grounds: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race, caste, ethnicity, national origin or skin colour; religion or belief; sex; sexual orientation; part-time work; fixed-term work; trade union membership or activities. Equality Act 2010 The Equality Act harmonises discrimination law for the following ‘protected characteristics’: age; disability; gender reassignment; marriage and civil partnership; pregnancy…

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What do I need to know about drug testing and employee monitoring?

What do I need to know about drug testing and employee monitoring?

How did employee screening and testing come about in the UK? In 2004, a UK independent review (entitled “The Independent Inquiry into Drug Testing at Work”) highlighted uncertainty about the legality of workplace drug testing considering the following legislation: employment law health and safety law data protection law human rights law discrimination law.   The review concluded that testing in connection with safety-critical activities is plausible and legally defensible. Alcohol and drug testing have increased…

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What do I need to know about employee information during a business transfer or takeover?

What do I need to know about employee information during a business transfer or takeover?

This guide will help you to understand how to comply with the Data Protection Act (DPA) 1998 when providing information about your employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). TUPE seeks to maintain the terms and conditions of your employees’ employment when your business or undertaking is transferred to a new employer. It calls for new employers to receive information about their new workforce ahead of any transfer or change…

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What do I need to know about employment contract terms?

What do I need to know about employment contract terms?

The terms of an employment contract set out what you and your employer can expect of each other. There are several different types and some do not need to be written down in your employment contract. Where do contract terms come from? Contract terms can come from a number of different sources; for example they could be: verbally agreed in a written contract, or similar document in an employee handbook or on a company notice…

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What do I need to know about employment contracts?

What do I need to know about employment contracts?

What is a contract of employment? A ‘contract of employment’ is a legally binding agreement between an employer and an employee. It confers a number of rights and obligations on an employer and an employee. Among other things, an employment contract involves an employee’s responsibility to work for their employer and an employer’s responsibility to pay their employee for all tasks and duties performed in the course and scope of their employment. Contractual rights are…

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What do I need to know about employment protection during business transfers and takeovers (TUPE)?

What do I need to know about employment protection during business transfers and takeovers (TUPE)?

If the business, part of a business or service provider you work for is changing from one owner to another, your existing employment contract could be protected under the Transfer of Undertakings (Protection of Employment) Regulations, known as ‘TUPE’. Business transfers and service provision changes There are two types of transfers that are protected under TUPE: business transfers service provision changes Business transfers In business transfers a business,undertaking, or part of a business or undertaking…

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What do I need to know about employment rights and the Disability Discrimination Act?

What do I need to know about employment rights and the Disability Discrimination Act?

What is the definition of ‘disability’? Under the Equality Act, ‘disability’ is defined as a physical or mental impairment, which has a substantially adverse and long-term effect on a person’s ability to carry out normal day-to-day activities. Examples of these activities include: Using a phone or computer Interacting with colleagues Following instructions Driving Carrying everyday objects. What types of disability discrimination are there? The Equality Act protects disabled people from discrimination in different areas of…

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What do I need to know about employment tribunals?

What do I need to know about employment tribunals?

In what circumstances can I make a claim to an employment tribunal? If you believe an employer, potential employer or trade union has treated you in an unlawful manner, you can bring an action against them before an employment tribunal. Unlawful treatment can include: Unfair dismissal Discrimination Unfair pay deductions.   How long do you have to make a claim to an employment tribunal? Typically, you will have to file your claim with the tribunal…

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What do I need to know about fixed-term employee protection?

What do I need to know about fixed-term employee protection?

Fixed-term workers have the same minimum rights as permanent workers. Find out what a fixed-term contract is and what extra protection there is for fixed-term employees. What ‘fixed-term’ means To be a fixed-term employee two conditions must apply: you must have an employment contract with the business you work for your employment contract must be fixed-term, meaning it must end on a particular date, after a certain event or on completion of a task Examples…

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What do I need to know about holiday entitlements?

What do I need to know about holiday entitlements?

All workers have a right to at least 5.6 weeks paid annual leave, but you could receive more than that. Your employer can control some things about your holiday, including when you should take it and whether they include bank holidays in your entitlement. The basics of holiday rights There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are…

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What do I need to know about holiday leave as an agricultural worker?

What do I need to know about holiday leave as an agricultural worker?

Nearly all agricultural workers (except trainees doing work as part of their training contract) are entitled to annual leave. Find out what other types of paid leave you might be entitled to, for example, public holidays and bereavement leave. Amount of annual leave The annual leave year for all agricultural workers starts on 1 Octoberand ends on 30 Septemberthe following year. The amount of annual leave you can take depends on the number of days…

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What do I need to know about holiday pay as an agricultural worker?

What do I need to know about holiday pay as an agricultural worker?

Agricultural workers holiday pay All agricultural workers except trainees are entitled to holiday pay for their holiday or annual leave. How much you are paid depends on what your normal pay is. Find out how to calculate your holiday pay. Holiday pay – basic calculations If your basic pay is the same every week (apart from payments forovertime which is not guaranteed) you can use the following steps to work out your holiday pay. Step…

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What do I need to know about industrial action and trade unions?

What do I need to know about industrial action and trade unions?

Industrial action usually occurs when members of a trade union are involved in a dispute with their employer that cannot be resolved by negotiation. The trade union will ask its members whether they wish to take action over the dispute. Forms of industrial action Workers usually take industrial action by refusing to work altogether or refusing to do work in the way theiremployment contractsays they should. There are two main forms of industrial action: strike…

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What do I need to know about information and consultation arrangements?

What do I need to know about information and consultation arrangements?

Not everyone has the right to be informed and consulted by their employer. However if you do, and you don’t already have an information and consultation arrangement in place, you have to ask your employer for one. Asking for information and consultation (I&C) arrangements If you want to introduce information and consultation (I&C) arrangementswhere you work,you have to ask your employer for them. At least 10 per cent of the employees must ask for the…

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What do I need to know about Insolvency payment claims?

What do I need to know about Insolvency payment claims?

You might be entitled to claim certain payments from the National Insurance Fund if your employer is insolvent. In some cases, it might not be possible for you to claim all the money you are owed. Find out what arrangements there are to make sure you receive a minimum amount. Making an insolvency payment claim The insolvency practitioner will normally send you the necessary forms for claiming any money you are owed. If this does…

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What do I need to know about job appraisals?

What do I need to know about job appraisals?

What is an appraisal? An appraisal is a meeting scheduled by your employer that enables you both to have a discussion about your performance at work. It is normally carried out by your line manager. A properly-constructed appraisal process is one where your employer actively encourages you to talk openly and honestly about your job. The law does not require employers to carry out appraisals, but the majority of employers have an annual or twice-yearly…

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What do I need to know about job evaluations?

What do I need to know about job evaluations?

What is job evaluation? The Advisory Council and Arbitration Service (ACAS) defines job evaluation as “a method of determining, on a systematic basis, the relative importance of a number of different jobs.” The majority of pay and grading structures in a workplace have developed over time and it can be difficult to justify why one job is graded higher than another or paid more. A job evaluation programme methodically assesses jobs on an objective basis,…

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What do I need to know about jury service and my annual holiday time?

What do I need to know about jury service and my annual holiday time?

Trial by jury is a key part of our legal system and our democratic way of life. Jury service is an important responsibility for all citizens. Find out about your right to time off work for jury service. Does your employer have to give you time off for jury service? If you are called up for jury service your employer must allow you time off for this. If they don’t, they could be in contempt…

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What do I need to know about losing my job?

What do I need to know about losing my job?

The prospect of losing your job is difficult to plan for at the best of times, but you have rights that are protected by law. This section helps you to make sense of redundancy or dismissal, enabling you to manage your finances and reconsider your options for the future. Changes to age discrimination for over 50s New regulations came into force on 1 October 2006 that make it unlawful for employers to discriminate against workers…

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What do I need to know about my employment status?

What do I need to know about my employment status?

It is important to understand your employment status as it determines both your rights and your employer’s responsibilities. Furthermore, your employment status will have an impact on your tax status. What type of employment applies to me? There are three main employment status types: Employee Worker Self-employed Articles discussing each type of employment status can be found on this site. Why should I be concerned about my employment status? You should be aware of your…

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What do I need to know about night time work?

What do I need to know about night time work?

There is extra legal protection for people classed as night workers. However, there are exceptions that you should be aware of. You can also find out here what to do if you are unhappy with your rights. What is the definition of ‘night time’? Night is generally the period between 11.00 pm and 6.00 am. You can agree with your employer to change the night time period. If you do, then it must be at…

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What do I need to know about notice pay?

What do I need to know about notice pay?

If you plan on leaving your job, you should take a look at your employment contract to find out what your employer’s policy is on handing in your notice. If you require further legal advice on this topic  we recommend you use our legal directory to find a solicitor near you. Handing in your notice If you have been in employment for longer than a month, you must give your employer a minimum of one…

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What do I need to know about notice periods?

What do I need to know about notice periods?

What do I need to know about notice periods?

Notice is the provision of a period of time between notifying someone of an intention to terminate a contract of employment and finishing work. In UK law, both employers and employees are entitled to receive a minimum period of notice when terminating employment. There is a basic statutory notice period which all employers and employees are entitled to by law. In addition to this basic statutory notice period, many contracts of employment include additional rights…

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What do I need to know about Ordinary Paternity Leave?

What do I need to know about Ordinary Paternity Leave?

If you are a father-to-be or you will be responsible with the mother for bringing up a child, you could have the right to Ordinary Paternity Leave. You may also qualify for Ordinary Statutory Paternity Pay. Find out what you are entitled to. Interactive help You can get personalised help on what you qualify for by using the online paternity rights at work tool. The tool will give you a personalised statement of theOrdinary Paternity…

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What do I need to know about overtime?

What do I need to know about overtime?

‘Overtime’ is any work performed outside the standard hours of employment. It can take two forms: voluntary or compulsory. Compulsory overtime is always outlined in a contract of employment. Despite the existence of an overtime clause in an employment contract, employers cannot force workers to work longer than 48 hours on average per week. They must agree in writing to work beyond these hours. Workers are not legally entitled to be paid for overtime, although…

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What do I need to know about part-time work and flexible working?

What do I need to know about part-time work and flexible working?

Working part-time can be a good way of balancing your work and your personal commitments. If you work part-time, you have the right to be treated fairly in comparison to your full-time colleagues. What is a part-time worker? A part-time worker is someone who works fewer hours than a full-time worker.There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a…

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What do I need to know about paternity Leave?

What do I need to know about paternity Leave?

If you are entitled to Statutory Paternity Leave you should follow the correct process for requesting it. Find out how to claim your Statutory Paternity Leave, what notice you should give and what to do if you have any problems. Interactive help You can get personalised help on what you qualify for by using the online paternity rights at work tool. The tool will give you a personalised statement of the Statutory Paternity Leave and…

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What do I need to know about pay deductions and the law?

What do I need to know about pay deductions and the law?

Employees, workers and some other groups are protected from employers making unauthorised deductions from their pay and wages. Employers can only make a deduction in specific situations and they must follow your employment contract terms. Find out when employers can make deductions and what protection you have. Who is protected from unauthorised pay deductions? As well asemployees and workers, protection isgiven to: apprentices people working under a contract for services Crown servants anyone who works…

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What do I need to know about payslips?

What do I need to know about payslips?

Who is entitled to receive a payslip? All employees are entitled to receive a written statement of pay or ‘pay slip’. Non-employees are not entitled to receive payslips. Non-employees include: contractors, freelancers and ‘workers’ police service personnel merchant seaman, master crew or crew members working in share fishing (paid by a proportion of the profits or gross earnings from a fishing vessel).   When must a payslip be provided and what information should it contain?…

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What do I need to know about performance-related pay?

What do I need to know about performance-related pay?

A company may introduce a performance-related pay scheme to encourage higher performance. The better you – or your team – carry out your work, the more your employer pays you. Find out more about the different types of performance-related pay schemes and what to do if you have problems. What is performance-related pay? Performance-related pay is a way of rewarding employees for higher performance. There are a number of reasons why your employer might introduce…

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What do I need to know about picketing and picket lines?

What do I need to know about picketing and picket lines?

Picketing is used as a way of increasing support for industrial action. Find out when, where and how it is lawful to do it and what you need to know if you are thinking of joining a picket line or if you want to cross one. Picketing When workers involved in industrial action stage a protest at or near a workplace to increase support for their cause, this is called picketing. Workers who are involved…

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What do I need to know about pre-employment checks?

What do I need to know about pre-employment checks?

What is the purpose of pre-employment checking? Running pre-employment checks on job applicants is known as ‘vetting.’ When an employer has recruited you for a position, they should carry out due diligence to ascertain whether or not you might bring the company into disrepute or otherwise cause difficulties with colleagues, managers, customers or suppliers. When conducting pre-employment checks, employers should aim to: Ensure non-discrimination and compliance with data protection law Place reliance on fact rather…

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What do I need to know about redundancy bumping?

What do I need to know about redundancy bumping?

Generally, your job must disappear for you to be made redundant, but it can also happen if someone else’s job disappears and they are moved into your job, making you redundant. This is known as redundancy bumping, or transferred redundancy, which often happens when a more senior employee is prepared to take a more junior role to avoid redundancy. Redundancy bumping has become a hot topic in recent times as employers look at different ways…

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What do I need to know about redundancy selections and notice periods?

What do I need to know about redundancy selections and notice periods?

Your employer should use a fair and objective way of selecting people to make redundant. This means that it should be based on some evidence, rather than your employer just deciding who they want to give notice to. Methods of selection If a method for deciding redundancies has been agreed with a trade union, your employer should follow it. Otherwise, there are some common approaches your employer could use and combine when selecting employees for…

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What do I need to know about rest breaks?

What do I need to know about rest breaks?

Rest breaks at work are very important. Stress and heavy workloads can seriously affect workers’ health, rendering them less productive and more prone to making mistakes. Although an employer must provide rest breaks by law, they do not generally have to pay workers for them. Rest breaks at work under the Working Time Regulations Under the Working Time Regulations (WTR) 1998, workers are entitled to the following rest breaks and time off work: Rest breaks…

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What do I need to know about retirement ages and the law?

What do I need to know about retirement ages and the law?

These days, for most people, the decision of when to retire is a personal choice, but this hasn’t always been the case. This article explains why the default retirement age was abolished and what retirement age means today. What is the ‘Default Retirement Age’? The ‘Default Retirement Age’ (DRA) came into effect in 2006. The DRA gave employers the power to force employees into retirement at the age of 65. Employees could ask to continue…

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What do I need to know about severance agreements?

What do I need to know about severance agreements?

A severance agreement is usually used when an employer wishes an employee to leave the company and is willing to pay them a certain amount (severance pay) so that the employee will contractually agree not to sue the company for any claims they may have against the company. Essentially, therefore, a severance agreement draws a line between the employer and employee whereby they can both walk away knowing their relationship has ended and there will…

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What do I need to know about sex discrimination and equal pay?

What do I need to know about sex discrimination and equal pay?

Sex discrimination occurs when an employer treats an applicant or employee different because of their gender and is covered by the Equality Act, 2010. Discrimination of this nature is illegal and if you feel you been discriminated against because of your gender there are courses of action available to you. Types of sex discrimination There are four types of discrimination covered by the law. Victimisation – when an employee is treated unfairly because of a…

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What do I need to know about Shared Parental Leave?

What do I need to know about Shared Parental Leave?

If you had or adopted a child on or after 5 April 2015 you are entitled to Shared Parental Leave. What is Shared Parental Leave? Shared parental leave is time you or your partner can take off from work after the birth of your child or if you have adopted a child. Essentially, you have 52 weeks where one parent can stay home and look after the new child whilst the other parent is at…

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What do I need to know about sick pay as an agricultural worker?

What do I need to know about sick pay as an agricultural worker?

Agricultural Wages Sick Pay (AWSP) allows you to be paid the Agricultural Minimum Wage for your normal working hours when you are off work sick. This payment includes any Statutory Sick Pay that you may be entitled to. Find out if you are entitled to be paid AWSP. Qualifying for AWSP To qualify for AWSP you must have been continuously employed by the same employer for at least 52 weeks before the first day of…

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What do I need to know about sick pay?

What do I need to know about sick pay?

What is ‘sick pay’? ‘Sick pay’ is the payment of wages or salary to an employee when they are unable to attend work due to illness. Sick pay can come in two forms: a) Contractual sick pay (or company sick pay): earnings that a contract of employment states that an employee is entitled to receive in the event of sickness resulting in absence from work; or b) Statutory Sick Pay (SSP): earnings that the law…

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What do I need to know about Statutory Maternity Leave?

What do I need to know about Statutory Maternity Leave?

If you are a mother who is an employee, you have the statutory right to a minimum amount of maternity leave. Your employer may also offer their own maternity leave scheme. Find out how much leave you may qualify for. Personalised help You canget personalised help on what you may qualify for by using the online maternity rights tool. The tool will produce a personalised statement of the maternity leave and pay that you may…

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What do I need to know about Statutory Maternity Pay?

What do I need to know about Statutory Maternity Pay?

What is Statutory Maternity Pay? Statutory Maternity Pay (SMP) is the minimum pay that your employer is required to pay you while you are on maternity leave. SMP is paid for a period of up to 39 weeks. You will receive: For the first six weeks: 90 per cent of your average weekly earnings (pre-tax) For the next 33 weeks: £139.58 or 90 per cent of your average weekly earnings (whichever is lower).   You…

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What do I need to know about taking adoption leave?

What do I need to know about taking adoption leave?

Find out more about your rights during adoption leave and what happens to your job when you come back. These rights are the same if you are adopting from the UK or from overseas. During your adoption leave Your terms and conditions during adoption leave While you’re on ordinary adoption leave, you keep your normal employment rights and benefits (apart from wages). This might include any access to a company car or mobile phone that…

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What do I need to know about taking parental leave?

What do I need to know about taking parental leave?

What is parental leave? As a parent, you are entitled to take time off work to look after your child’s welfare. This entitlement, known as parental leave, is usually unpaid and is available for each child until they turn 18 years old. This is not to be confused with shared parental leave, which is a new entitlement for eligible parents, partners and adopters of children due to be born or adopted on or after 5…

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What do I need to know about taking part in industrial action?

What do I need to know about taking part in industrial action?

Find out about your employment rights if you are thinking about taking part in industrial action. For example, if you are dismissed for taking part in industrial action, you may be able to claim unfair dismissal. Being paid during industrial action You are free to withdraw your labour by taking industrial action and you cannot be forced by the courts to stay at or return to work. If you take industrial action, you will probably…

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What do I need to know about taking time off for sickness?

What do I need to know about taking time off for sickness?

What do I need to know about taking time off for sickness?

Sickness affects us all and it is likely that whatever we do in life, we will at some stage require time off for sickness. That said, sick leave costs the UK economy a considerable amount each year, with the Office for National Statistics (ONS) estimating that 131m working days were lost due to sickness in the UK in 2011 alone. Despite a perception that sick leave is on the increase, ONS statistics show that the…

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What do I need to know about the agricultural Minimum Wage and pay?

What do I need to know about the agricultural Minimum Wage and pay?

The amount you are entitled to be paid as an agricultural worker depends on your category and grade. As well as a minimum pay rate, you might be entitled to other pay, for example, stand-by allowance or dog allowance. Agricultural Minimum Wage If you are employed in agriculture you are entitled to be paid at least the Agricultural Minimum Wage (AMW) rate foryour grade. If the National Minimum Wage rates are higher than the Agricultural…

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What do I need to know about the national minimum wage?

What do I need to know about the national minimum wage?

Almost all workers are entitled to be paid at least the National Minimum Wage (NMW). To check if you are being paid the NMW rate you need to know your pay reference period and what elements of pay count towards the NMW. Currently, the rates for the national minimum wage are: 21 years old and over – £6.70 per hour Between 18 and 20 years old – £5.30 per hour Under 18 – £3.87 per…

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What do I need to know about The Pensions Advisory Service (TPAS)?

What do I need to know about The Pensions Advisory Service (TPAS)?

The Pensions Advisory Service (TPAS) is an independent non-profit organisation which provides free information, advice and guidance on state, company, personal, stakeholder and occupational pensions. It also helps any member of the public who has a problem, complaint or dispute with their occupational or private pension arrangement. If you would like to contact TPAS their information can be found here: Address 11 Belgrave Road London SW1V 1RB Telephone Numbers (lines are open 9am to 5pm)…

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What do I need to know about the relocation of my job and the law?

What do I need to know about the relocation of my job and the law?

Sometimes companies move location, perhaps because of the need to reduce costs, find bigger premises, for restructuring or to merge with another business – if your employer moves, you have certain rights and obligations. Do you have to move if your employer moves? If your employer moves the location of their business, your situation depends firstly on the terms of your contract of employment. Some contracts include a ‘mobility clause’ which says you have to…

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What do I need to know about trade union ballots?

What do I need to know about trade union ballots?

All trade unions have systems to involve their members in decision-making. These can involve the holding of ballots and elections to measure opinion among members. In some cases trade unions are required by law to ballot their members. The result of the ballot decides what happens. Statutory ballots There are three circumstances where the law says that a trade union must ballot all of its members. These are: in advance of a merger with another…

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What do I need to know about trade union elections?

What do I need to know about trade union elections?

Trade unions must by law hold elections for certain senior positions. Many trade unions also hold elections for other positions. Find out how elections are held, what your trade unions responsibilities are and which positions must be filled by election. Statutory elections Trade unions must hold elections to fill the following positions: president (or equivalent) general secretary (or equivalent) members of the executive positions that automatically mean that the holder is a member of the…

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What do I need to know about trade union finances and accounting records?

What do I need to know about trade union finances and accounting records?

Trade unions have certain rules they must meet over their finances and accounting records. Find out about the right of trade union members to be sent and have access to some of a trade union’s finance and accounting records. Duty to keep accounting records A trade union must keep proper accounting records of its finances. They must have a system of controlling their records,cash holdings,receipts and payments. An audited set of financial records must bepart…

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What do I need to know about trade union representatives?

What do I need to know about trade union representatives?

If your employer deals with trade unions, you may be represented in your workplace by colleagues who are trade union representatives. You may even wish to become a representative and talk to your employer on behalf of your colleagues. What is a trade union representative? A trade union representative (rep) is a member of a trade union who represents their work colleagues in dealings with an employer. They often provide advice on employment matters directly…

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What do I need to know about trade union rules and membership registration?

What do I need to know about trade union rules and membership registration?

Find out about a trade union’s duties around their rules and membership register. For example, they have to give a copy of their rules to anyone who asks for one. They must also keep an up-to-date membership register. Trade union rules and membership contract If you join a trade union, you enter into a binding contract with it. That contract is the trade unions rules and sets out the terms and conditions of your membership….

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What do I need to know about trade union subscriptions?

What do I need to know about trade union subscriptions?

The amount of your subscription is set by your trade union. It may be a fixed amount, or based on how much you are paid. It is used to pay for the administration of the trade union. What can subscriptions be used for? Trade union subscriptions could be used for: maintaining the trade unions offices and facilities communicating with members publicity material for campaigns paying trade union staff Your subscription may also include a contribution…

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What do I need to know about transgender discrimination and the law?

What do I need to know about transgender discrimination and the law?

There is a large amount of legislation in England and Wales that protects individuals’ rights not to be discriminated against. If you feel you are being unlawfully discriminated against for any particular reason you should contact a local solicitor for specific legal advice. Types of discrimination Discrimination usually takes one of four forms: Direct discrimination – This is when two or more people are in the same circumstances and yet one person is treated differently…

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What do I need to know about voluntary redundancy?

What do I need to know about voluntary redundancy?

When an employer needs to reduce its workforce it may decide to carry out redundancies, which is a form of dismissal under the Employment Rights Act 1996. Voluntary and compulsory redundancies are two different types of redundancy, but both entitle those employees affected to payment known as redundancy compensation. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice…

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What do I need to know about voting in trade union elections?

What do I need to know about voting in trade union elections?

All trade unions involve their members in running trade union affairs, often by selecting individuals who take official positions within the trade union. These can either be local (eg shop stewards or branch secretaries), regional or national (eg members of the regional or national executives of the trade union). Balloting trade union members When it comes to determining the method of selecting individuals to to fill the most senior positions in trade unions, the law…

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What do I need to know about working from home and the law?

What do I need to know about working from home and the law?

Homeworkers have their jobs (usually practical work) based in their home. Teleworkers also do their normal (but usually office-based) work from home. Both kinds of homeworking have potential drawbacks and advantages. Your employment rights will depend on whether you are a worker, an employee or if you are self-employed. Homeworking A homeworker is anyone who only works from home. Many homeworkers in the UK are employed in manufacturing, making a wide range of items from…

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What do I need to know about working part-time after I retire?

What do I need to know about working part-time after I retire?

Reaching State Pension age doesn’t mean you have to give up work – paid or voluntary. You can choose to keep on working while taking your State Pension entitlement, or delay your claim and get paid more later on. The government also offers schemes and incentives to help you find work. Tax on part-time work and other income Income you receive from part-time work in retirement counts as ‘taxable income’. This is a long with…

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What do I need to know about working when pregnant?

What do I need to know about working when pregnant?

As an employee, you must inform your employer about your pregnancy at least 15 weeks before the beginning of the week your baby is due. If, for any reason, it is not possible for you to do this – for example, because you did now know that you were pregnant – you must tell your employer as soon as is reasonably practicable. What legal obligations does your employer have towards you when you are working…

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What do I need to know about workplace counselling?

What do I need to know about workplace counselling?

What is workplace counselling? Counselling is available on the National Health Service. However, a long waiting list, an absence of specialist insight and inflexible appointment times and venues make workplace counselling more feasible to employers. Workplace counselling is a short-term employee support process that provides you with a free, independent, confidential counselling service for workers in all sectors. Provision of this service forms part of an employer’s duty of care towards you, which includes taking…

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What do I need to know about workplace drug testing?

What do I need to know about workplace drug testing?

Employers often justify workplace drug testing on health and safety grounds, particularly in safety-critical jobs like driving or medicine. They may also cite concerns over employee absenteeism or job performance. The practice has increased dramatically in the UK over recent years. Indeed, many businesses seem to have latched on to workplace drug testing as a way to dismiss employees without paying them redundancy. If you require further help with a legal matter you can use our…

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What do I need to know about workplace stress?

What do I need to know about workplace stress?

One in five people suffers from workplace stress, with half a million people reporting they have become ill as a result. This article looks at the causes and remedies of stress and explains your rights. What is stress? If you have a job that challenges you, you should expect to feel some pressure at work. However, when that pressure is excessive and you suffer an adverse reaction to it, then it has become stress. Stress…

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What do I need to know about written statements of employment particulars?

What do I need to know about written statements of employment particulars?

You are entitled to receive a statement of your employment particulars within two months of starting work. This sets out your main employment terms, including the job description, pay, hours of work and any disciplinary or grievance procedures your employer has. What is a written statement of employment particulars? If youhave been working for longer than one month, you should receive a written statement of employment particulars. Your employer has a duty to give you…

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What do I need to know about zero hours contracts?

What do I need to know about zero hours contracts?

What are zero-hours contracts? Zero hour contracts are contracts where there is no minimum weekly hours specified. A zero-hours contract may have you working any or no hours each week.  Person with a zero-hours contract usually means there is no obligation for employers to offer work or for works to accept it. Why would I be offered a zero-hours contract? You may be offered a zero-hours contract if your employer does not need you to…

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What do the different grades and categories in the agricultural sector mean?

What do the different grades and categories in the agricultural sector mean?

Your grade and category in the agricultural sector will determine whether or not you receive the minimum wage and other rights and entitlements of agricultural workers.   What grades are there in the agricultural sector? Your agricultural worker’s grade is based on your skills and responsibilities. There are six grades: one through six. Grade one (initial grade) – A grade one worker is typically supervised and works on easy tasks, such as packing or harvesting. Once…

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What documents should I keep if I lose my job and what responsibilities does my employer have?

What documents should I keep if I lose my job and what responsibilities does my employer have?

If you leave your job, or are dismissed for any reason, certain documents should be obtained and actions should be taken by you and your employer to ensure the process is carried out properly. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you. P45 When you leave your current employment your employer should provide you with…

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What does the law say about working on Sundays?

What does the law say about working on Sundays?

Sunday was traditionally the day of rest in the UK, with many shops remaining closed on Sundays and employees free to use the day as they wished. Although Sunday remains a rest day for many, in modern society Sunday has also become a time to shop, enjoy days out with family and increasingly to use services. The laws on Sunday working state that employees can only be asked to work on a Sunday if this…

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What employee information and consultation rights should I expect from my employer?

What employee information and consultation rights should I expect from my employer?

It’s good practice for your employer to let you know what’s going on in the business and about any planned future changes. In some cases you may have the right to be informed and consulted about important workplace issues. What is information and consultation? Information and consultation means there is ongoing, flexible communication between employer and employees. Your employer should: tell you whats planned (inform) listen and take account ofyour views when deciding what to…

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What entitlements do I have during Ordinary Paternity Leave and returning to work?

What entitlements do I have during Ordinary Paternity Leave and returning to work?

You get all your normal employment benefits (apart from wages) during your Ordinary Paternity Leave. You will be able to go back to the same job and your employer shouldn’t treat you unfairly or sack you for taking, or asking to take Ordinary Paternity Leave. What happens to your holiday entitlements You will still build up your entitlement to paid holiday duringOrdinary Paternity Leave. You cannot take annual leave duringOrdinary Paternity Leave but you may…

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What happens to my pension if I am a carer?

What happens to my pension if I am a carer?

If you are a carer and find you are not earning enough to pay for National Insurance contributions, you may still qualify for an additional State Pension or National Insurance Credits. Carer’s Credit To qualify for a state pension a person must have worked and made National Insurance contributions for 30 years. If a person has worked some of those 30 years but not all, then they are entitled to a state pension that corresponds…

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What if my employer has a problem with me?

What if my employer has a problem with me?

What happens if my employer has a problem with me? If your employer has an issue with an aspect of your work, for example if there are concerns about your performance, attendance or perhaps your conduct at work. Prior to taking any formal action they should investigate the matter to ensure the issues are well-founded. It is likely they will ask you to take part in this investigation, usually in the form of an interview….

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What is Acas (Advisory, Conciliation and Arbitration Service)?

What is Acas (Advisory, Conciliation and Arbitration Service)?

The Advisory Conciliation and Arbitration Service (Acas) is a non-departmental body, predominantly funded by the Department for Business, Innovation and Skills (BIS). Created as a statutory body by the Employment Protection Act 1975, ACAS aims to utilise better employment relations in order to improve workplace institutions and everyday working life. What services does Acas provide? Acas provides its services to individuals, groups of employees and employers. It can assist in terms of preventing problems arising…

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What is considered discrimination against fixed-term or contract employees?

What is considered discrimination against fixed-term or contract employees?

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 prohibit an employer treating a fixed-term employee less favourably than a comparable permanent employee, unless the treatment can be objectively justified. These regulations impact areas such as: rates of pay; training; access to occupational/company pension schemes; holiday entitlement; maternity/paternity leave; sick pay; employment opportunities; protection against redundancy or dismissal. Do I qualify as a fixed-term employee? A fixed-term employee is someone who works under a…

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What is considered discrimination against part-time workers?

What is considered discrimination against part-time workers?

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 prohibit an employer treating part-time workers less favourably in their contractual terms and conditions than comparable full-time workers, unless different treatment can be justified on objective grounds. Do I qualify as a part-time worker? The statutory definition of a part-time worker is rather broad. It encompasses any worker paid by reference to the time they work and, having regard to the employer’s dealings with other…

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What is considered discrimination due to trade union membership or activities?

What is considered discrimination due to trade union membership or activities?

The Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRA’) forbids employers refusing to employ someone or treating them unfairly because of trade union membership or participation in trade union activities, or conversely because they refuse to join a trade union or eschew trade union activities. Refusal of employment A court or tribunal will deem that you have been refused employment if a prospective employer or an agent acting on their behalf: refuses or deliberately…

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What is gardening leave?

What is gardening leave?

Gardening leave is when an employee gives an employer notice, or an employee resigns, but they are sent home or told to stay away from work for the duration of their notice period on full, normal pay. Do you need to speak with a specialist employment solicitor? Search for one in our Solicitor Directory Why do employers use gardening leave? Gardening leave is commonly used by employers to prevent employees who are due to leave…

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What is meant by a ‘recognised’ trade union?

What is meant by a ‘recognised’ trade union?

What is meant by a ‘recognised’ trade union? A trade union is said to be ‘recognised’ by an employer when it negotiates agreements with employers on behalf of workers defined as the ‘bargaining unit’ in a process called ‘collective bargaining.’ A trade union can obtain recognition in an organisation by two means: voluntary or statutory. A union adopting voluntary means to secure recognition will contact the employer without having recourse to any legal mechanisms. By…

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What is meant by positive discrimination?

What is meant by positive discrimination?

Positive discrimination is the process of giving preferential treatment, especially in employment, to minority groups of society that have been prejudiced against in the past. It should be noted that ‘preferential treatment’ does not mean that these individuals will automatically be preferred to another candidate, but rather should two candidates be deemed a similar level, the individual from the minority group will be preferred. For example, should two candidates who are equally matched in skills…

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What is meant by religious or belief discrimination?

What is meant by religious or belief discrimination?

Discrimination occurs whenever someone treats someone else differently because of a characteristic or opinion of that other person. Discrimination can take many forms and can be driven by many different prejudices, including racial prejudice, sexual orientation or gender prejudice and prejudice based on religion or beliefs. Discrimination can take many forms. At one level it might mean treating someone less favourably, perhaps by not offering a job or a promotion. At another level it might…

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What is meant by sexual orientation discrimination?

What is meant by sexual orientation discrimination?

It is against the law for your employer to discriminate against, victimise or harass you because of your sexual orientation, or your perceived sexual orientation. Find out about your rights and what to do if you are treated unfairly because of your sexuality. Protection from discrimination You are protected against sexual orientation discrimination if: you are lesbian, gay, bisexual or heterosexual people think you are gay, lesbian or heterosexual when you are not you have…

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