Guide to statutory employment rights

Employment rights are designed to balance the expectations of the job with the fair treatment of the worker doing it.

An individuals’ exact employment rights will vary depending on the kind of job they do, the arrangement you have with them and many other variables. Employee rights at work come from both their statutory rights and their employment contract.

If you need to, use our Guide to employment status to find out more about different kinds of workers.

Statutory rights

Statutory rights are essentially legal rights which nearly all workers are entitled to. While there are some exceptions, a worker is generally entitled to these rights, and, in most cases, they will have the following statutory rights as soon as they begin work:

• They must be paid at least the National Living Minimum Wage.
• As an employer you must not make illegal deductions from their pay.
• They must receive an itemised payslip which breaks down their wage and any deductions.
• All employees and workers have a statutory right to receive a statement of employment particulars from day one of their employment, and the statement must contain specific information outlined within the Employment Rights Act 1996.
• They have the right to a certain amount of paid holiday each year, as well as being able to take paid time off for antenatal care, maternity, paternity and adoption leave.
• They have the right to take unpaid time off to attend trade union activities, or for study or training if you are aged 16-17, as well as the right to a reasonable amount of unpaid leave to look after dependents in an emergency – see our section on time off work for more information.
• Under health and safety laws, they must be granted daily and weekly rest breaks, and cannot ordinarily be forced to work more than 48 hours a week.
• They must not be discriminated against in the workplace.
• They should not be dismissed or treated unfairly at work if they become a ‘whistleblower’ (someone who exposes suspected wrongdoing in their workplace).
• If they have been working for an employer for at least a month, they must be given notice if they are to be dismissed.
• If you dismiss someone while they are pregnant or on maternity leave, they are entitled to receive a written explanation of the reason.
• They have the right to be accompanied by a Trade Union representative if they are attending a disciplinary or grievance hearing.
• Part-time workers, have the same contractual rights as a full-time worker in a similar role (though entitlement to holiday and similar rights will be calculated on a pro rata basis).
• Fixed-term employees have the same contractual rights as a permanent employee in a similar role. This includes; right to statutory sick pay when sick; right to pension; right to adequate redress of any grievance and the right to be paid the same as someone of the opposite sex doing the same job.

After six months (26 weeks) of working for an employer, individuals have the right to submit a request for flexible working.

After a year of working for an employer, individuals will usually gain the right to take unpaid parental leave.

After two years of working for an employer, individuals gain these additional rights:

• To take paid time off to look for work if they are being made redundant.
• To claim redundancy pay if they are being made redundant.
• The right to receive a written explanation of the reason if they are being dismissed.
• To claim compensation if they believe they have been unfairly dismissed.

Contractual rights

Individuals may have some rights at that are set out in their contract or the terms and conditions of your employment, rather than being required by law. However, once these have been agreed upon, you must abide by them – if you do not, you could be held liable for breach of contract.

Pay rights

Perhaps some of the most important rights at work are those relating to the payment an individual receives for the job they do. These rights cover issues such as how much and how often they are paid, how they should receive their wage, and other such vital issues.