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calendar of additional rights for employees

If you have the legal status of an 'employee' then you gain extra rights, but you may have to work for a qualifying period. This means the rights do not start on your first day of your job, but only after you have had the same employer for a period of time. This section sets out the extra rights employees enjoy and how long you have to wait for them. You also still have all the worker's rights described above.

Rights when you apply for a job

  • You should not be discriminated against in a job selection process on the grounds of your trade union membership, sex (including pregnancy/ maternity status), race (including nationality), disability, age, sexual orientation, religion/ belief (including lack thereof), or being transgender.

Rights from your first day at work

  • You should be given a written statement of particulars showing how much you earn and any deductions that will be made from your pay. (Some or all of the information required to be set out in a written statement of particulars may be contained in a contract of employment, rather than in a separate document).
  • You have a right not to have deductions (with some exceptions such as for tax) made from your pay unless your employer has the contractual power to make the deductions and you have agreed to them.
  • If you are paying National Insurance contributions (applies to anyone earning over £146 per week), you can claim Statutory Sick Pay after you have been off sick for 4 days in a row.
  • You have the right not to be discriminated against on the grounds of your trade union membership, sex (including pregnancy/ maternity status), race (including nationality), disability, age, sexual orientation, religion/ belief (including lack thereof), or being transgender.
  • You have a right to equal pay with members of the opposite sex doing the same job, a similar job, or a job of equal value to you.
  • You are entitled to 52 weeks’ maternity leave, even if you were pregnant when you started the job.
  • You can have time off for medical appointments if you are pregnant.
  • You can take unpaid leave to deal with unexpected emergencies involving family members or people who rely on you for their care.
  • You have the right for your trade union to be recognised by the employer to negotiate your working conditions if at least 10% of the people in your department/ workplace are members of that union and the union can show that the majority of employees in that department/ workplace are likely to support it being formally recognised.
  • You have the right to take a trade union representative or fellow worker into a disciplinary, grievance hearing, flexible working request meeting, and time off to train request meeting.
  • You can claim wrongful dismissal if your employer sacks you without giving you the agreed notice, or resign and claim constructive unfair dismissal if it breaks a fundamental term of your contract.
  • Although, you need more service before you are able to claim general unfair dismissal, you can already complain about dismissal on certain grounds (e.g. dismissal for whistle-blowing, or on the basis of a protected characteristic such as your race or trade union activities).

Rights after a month

  • You must be given one week's notice of dismissal.
  • You must be paid if you are suspended on medical grounds.
  • You must be paid wages if you are laid off (this is where your employer has asked you to work for at least a day less per week than usual).

Rights after eight weeks

  • You are entitled to a written statement of your terms of employment which must include your pay, hours, where you are expected to work, holidays and other benefits such as a pension entitlement. (Some or all of the information required to be set out in a written statement of particulars may be contained in a contract of employment, rather than in a separate document).

Rights after one year

  • If your job started before 6 April 2012, you are entitled to claim unfair dismissal if your employer sacks you without a good reason, or without allowing you to go through a proper dismissal procedure. You are entitled to written reasons for dismissal from your employer.

Rights after two years

  • If your job started on or after 6 April 2012, you can claim unfair dismissal as described above.
  • You can claim statutory redundancy pay if your job is made redundant (i.e. there is no longer as much or any need for someone to carry out the job that you have been doing and your employer has, following a consultation, ended your contract by giving you notice). The amount of redundancy pay due depends on your age, your pay and your length of service.

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