Brought to you by the:
As a worker you have certain protections and duties in the workplace set out in law. These are called 'statutory rights', and are the legal minimum terms and conditions that you can expect from your employer. In addition to this your employer may ask you to agree to extra conditions or give you access to extra benefits such as the length of notice that you need to give before you leave your job. The specific details or 'terms and conditions' of your employment are part of your contract. These are called your 'contractual rights'.
A contract of employment is formed once you agree to work for an employer in return for pay. A contract is an agreement between yourself and your employer, which defines the basic entitlements and obligations that you can expect from each other during your employment. By starting the job you show that you accept the terms and conditions offered by the employer. Both you and your employer are then legally bound by the terms offered and accepted. However, your contractual terms and conditions cannot override the legal minimum set out in law.
Contracts set out your legal rights and duties whether they are oral, written, 'implied' or a mixture of all three. Proving the exact contractual terms and conditions can be a complex task, and establishing an absolute definition is normally a matter for an employment tribunal.
If your employer does not keep to the agreed terms and conditions, for example they pay you £5 per hour instead of £6 per hour that you had agreed at your interview then this is known as a 'breach of contract'. If you cannot resolve issues through informal or formal procedures, then it may be that you will have to go through an employment tribunal or the law courts.
Most breach of contract claims need to be taken to county court, however depending on the type of breach and whether you believe it resulted in you having to leave your job you may need to take your case to an employment tribunal. If you suspect that a term of your contract may have been breached it is vital that you seek advice straight away. This is because the time limit for taking a case to an employment tribunal is very strict. Your case will normally be rejected unless it is received within three months of the alleged breach of contract.
The law states that certain express terms must be put in writing and handed to you in a 'written statement' within 8 weeks of you starting your employment. If you are taken on as an employee for a job that will last for one month or longer you are entitled to a written statement of particulars. This is a written document which details the main terms and conditions of your job. If they do not then you can take your case to an employment tribunal, during your employment or within three months of leaving. A written statement of particulars is not the same as a contract of employment but it will set out many of the key terms and conditions that are agreed in your contract. If you are ever involved in a dispute with your employer about the terms of your employment then a statement of particulars can be important evidence of your central terms and conditions.
There are also other details that are required by law if you are asked to work abroad for more than one month. These include how long you will need to work abroad and what currency you will be paid in, any additional benefits or pay and the terms surrounding your return to the UK.
Most workers in the UK are legally entitled to a national minimum hourly wage regardless of where they work, the size of the firm or the work that they do. If you are an employee working under a contract of employment you are entitled to the national minimum wage. You are also entitled to national minimum wage if you are a casual labourer, a part-time worker, or on short-term contracts. Agency workers, homeworkers and pieceworkers are also entitled to national minimum wage.
The national minimum wage is:
You must be paid the national minimum wage for each hour worked in a 'pay reference period'. This means your actual pay period, e.g. if you are paid every week your pay reference period is one week, if you are paid every day, your pay reference period is one day. You do not have to be paid the national minimum wage for each hour worked, but: you must be paid the national minimum wage on average for the time worked in a pay reference period. This means if you work for 4 hours a week and you are paid weekly, it is not important how much you earn in each single hour, but you must be paid at least 4 x £4.77 (if you are aged 18-21) each week.
There are three main ways that you can be paid for a job.
A 'fair estimate agreement ' is a written agreement, which should be signed before a pay reference period, setting out how many hours you are likely to work. You must also have a contract slating the piece-rate for each item. It is important that you keep a written record of the hours you work.
You have the right to examine records relating to your pay if you believe you are being paid less than the national minimum wage. You can request a copy from your employer in writing, They must give you that information within 14 days of your letter. If you believe your employer may be breaking the law then you can lodge a complaint with the national minimum wage compliance team. You can call their helpline on Tel: 0845 6000 678. All complaints should be made within three months of the last time you were not paid the minimum wage.
If you are an employee you have a legal right to receive your own detailed written pay statement from your employer at or before the time that you are paid. The only people who do not have this right are members of the police service, certain people in the fishing industry and freelance agents, A pay statement or payslip must by law give written details of the following details:
There are certain circumstances when it is lawful for your employer to take money from your wage. These are when:
they must deduct by law e.g. income tax or National Insurance contribution;
If you believe that your employer has made a deliberate decision not to pay all or part of the wages and it is not for one of the reasons listed above then your employer may have made an unlawful deduction from wages. If this is the case then you have the right to complain to an employment tribunal to make the employer repay the money that has been deducted.
You can take a case of unlawful deductions from wages to an employment tribunal regardless of how long you have been working for your employer. You must make your complaint to the employment tribunal within three months of the date on which the wages were due to be paid.
The Working Time Regulations cover 5 main areas of your working life:
You are covered by the regulations if you have a contract of employment (see above) or you are a worker who is not self-employed. As a guide you are not self-employed if you are paid regularly by your employer and it is your employer who tells you when to work, how to work and pays your tax and national insurance contributions.
If you are a worker or employee but you work in the air, rail, road or sea transport industry then you may not be covered by these rules.
Maximum working hours: 48-hour week
It is illegal for your employer to force you to work more than 48 hours a week on average. This may particularly affect you if you decide to work full time over the long vacation or you are a part-time student.
- The number of hours you work per week is usually averaged over a 17 week period although there can be certain exceptions.
- If you would like to work for longer than 48 hours a week then you must sign an 'opt out' form stating this. Your employer cannot force you to sign this form.
- This applies even if you are working for more than one employer.
If you regularly work for more than 3 hours between 11pm and 6am every night then you are classed as a night worker.
Rest Breaks
These are the periods of rest you are entitled to. Your employer does not have to pay you during your rest breaks and they will not be included in calculating how many hours you have worked for National Minimum wage purposes.
You are entitled to:
There are certain variations in some special circumstances, but the general principle is that every worker has an average of 90 hours a week rest.
All full time workers are entitled to at least 20 days paid holiday, or 'annual leave per year. The law is designed to allow you to have four whole weeks a year without having to go to work. This means that if you normally work for 5 days a week you are entitled to receive 20 days paid leave a year, and if you work 1 day a week all year round, you will be paid for four days leave a year.
You begin to qualify for annual leave from your first day of work. In general you are allowed to take 1/12 of your entitlement per month.
Example
If you work for three days every week this means that you are entitled to take 3 days x 4 = 12 paid holiday days a year. You will be able to take 1 day (1/12 x year's entitlement) each month or accrue them and take more time off together in one block.
The Student Reference Room in the Student Advice Centre and Student Services at Bretton Campus contain up to date leaflets and information on employment regulations.
Student Advice Centre
First Floor of the Union Building
Leeds University Union
Leeds
LS11 UH
Tel: 01133801300
fax: 0113 380 1301
E-mail advice@luu.leeds.ac.uk
Additional information can also be accessed from the following websites:
National Minimum Wage Helpline is 0845 6000 678
Please be aware that we are only able to advise current or prospective students of Leeds University.
These pages are for guidance only and are not a substitute for the diverse legislation they cover. The information was checked and correct at the time of writing.
If you have any comments or queries about this page please email advice@luu.leeds.ac.uk.
© LUU Student Advice Centre October 2007
