Welcome to a comprehensive exploration of your rights as an employee under the realm of employment law. In this blog post, we will delve into various facets of employment law to empower you with knowledge and understanding. Armed with this information, you can confidently navigate the workplace, knowing your rights and taking proactive steps to address any issues that may arise. Whether you are concerned about unfair dismissal, discrimination, wage disputes, or simply want to understand your statutory rights, this guide is designed to provide you with informative and practical advice.
Statutory Employment Rights: The Foundation of Employee Protections
At the core of employment law lie your statutory employment rights, which form the bedrock of protection for employees. These rights encompass several fundamental aspects, such as the right to a written employment contract, minimum wage entitlement, and protection against unfair dismissal. Understanding these statutory rights is crucial to ensuring that you are treated fairly and justly in the workplace.
Unravelling Unfair Dismissal: Know Your Protections
Unfair dismissal is a major concern for employees across various industries. Thankfully, employment law offers robust protections against arbitrary termination. If you have been employed for a minimum of two years, your employer must have a valid reason for dismissing you, such as misconduct, redundancy, or incapacity. Otherwise, the dismissal may be considered unfair, and you may have grounds to pursue a claim.
In cases of constructive dismissal, where your working conditions have become unbearable and your employer fails to address the issues, you may be entitled to resign and claim unfair dismissal. However, constructive dismissal claims can be difficult to prove, and it is advisable to seek legal advice from experts in employment law, ideally before you resign.
Discrimination: Upholding Equality and Inclusivity in the Workplace
Employment law firmly opposes discrimination in the workplace, recognising the inherent value of equal treatment for all employees. The protected characteristics, of age, disability gender reassignment, marriage and civil partnership, race, religion or belief, sex, sexual orientation and pregnancy and maternity, are explicitly safeguarded under the law. If you experience discrimination or harassment based on any of these factors, you have the right to take legal action and seek redress.
Moreover, employers have a responsibility to provide reasonable adjustments, which may be practical or procedural, for employees with disabilities, ensuring that they can perform their job effectively. Understanding these protections is essential for promoting a diverse and inclusive work environment.
Navigating Wage Disputes: Ensuring Fair Compensation
Wage disputes can create significant stress and financial strain. Employment law stipulates that you are entitled to a certain minimum or living wage depending on your age for the work you perform. Whether you are on an hourly wage or an annual salary, your employer must adhere to the national minimum wage, or any higher rate specified in your contract. If you are paid differently for the same type of work to a colleague of the opposite sex, without justifiable reason then what is known as ‘the equality clause’ kicks in and you are entitled to claim equal pay.
If you suspect that your wages are incorrect or have not been paid on time, it is crucial to address the matter promptly with your employer. If resolution cannot be reached, you may consider seeking legal advice to protect your rights and claim the compensation owed to you.
I Have No Contract of Employment – What Are My Rights?
Firstly, by law you are entitled to a written contract of employment, and you can take your employer to the Employment Tribunal if you do not have one. Even without a written employment contract, you still possess important rights as an employee. Employment law mandates certain terms and conditions into your working relationship, covering fundamental aspects such as payment, working hours, and holiday entitlements. Understanding these terms can provide clarity on your rights and responsibilities, fostering a transparent working relationship.
Employment Legislation: Your Entitlements Defined
Employment legislation is not straight forward and unfortunately there is no single Act which outlines the rights and obligations of both employers and employees. The main rights are set out in the Employment Rights Act 1996, The Working Time Regulations 1998, the National Minimum Wage Act 1998, and the Equality Act 2010. These laws cover various aspects of employment, including the right not to be unfairly dismissed and/or discriminated against, redundancy entitlements, working hours, annual leave, sick leave, and maternity leave. Familiarising yourself with your rights is essential for ensuring that your rights are upheld, and you receive the entitlements you deserve.
Employment law serves as a powerful tool to protect the rights and interests of employees in the workplace. By understanding your statutory rights, knowing how to navigate issues such as unfair dismissal, discrimination, and wage disputes, you can actively safeguard your well-being and foster a positive working environment.
Lastly, it is important to note that, subject to the odd exception such as an equal pay claim with a 6 months’ time limit, most employment law claims must be brought within 3 months of the act complained of. Sometimes this can be extended but you need to take advice as soon as possible.
Remember, knowledge is key to empowering yourself as an employee. If you ever encounter challenges or have concerns about your employment rights, seek advice from legal experts well-versed in employment law.
At Jacksons Law, our dedicated team are here to support you and help you assert your rights effectively. Taking proactive steps to understand and uphold your rights will undoubtedly pave the way for a better future.
Please get in touch with Head of Employment, Deborah Henning, dhenning@jacksons-law.com, if you wish to discuss any aspect of Employment Law from either an employee or employer perspective.
