Employment rights are constantly evolving, so it’s crucial to stay up-to-date with the essential regulations. Here’s a concise overview of key employment rights that every employer and employee should know.
1. National Minimum Wage
The current national minimum wage for employees over 21 is £11.44 per hour, set to increase to £12.21 starting April 1, 2025. For workers aged 18 to 20, the rate is £8.60, rising to £10 next year. Employees under 18 earn £6.40, which will be adjusted to £7.55, while the apprentice rate also currently stands at £6.40 and will increase to £7.55.
It’s important to note that any tips received during work hours should be added on top of the minimum wage, rather than deducted. Additionally, apprentices with at least a year of experience in their role are entitled to receive at least the minimum wage. Employers must provide employees with a payslip detailing their earnings and deductions each pay period.
2. Working Hours
Typically, employees should not work more than 48 hours per week, while young workers (under 18) are limited to 40-hour weeks. Certain roles, such as those in the armed forces, emergency services, or maritime occupations, may be exceptions to this rule.
If an employee aged 21 or older wishes to work beyond these stipulated hours, a written agreement is required; employers cannot impose extended hours without consent.
3. Paid Holiday Entitlements
All full-time employees are entitled to 28 days of paid holiday each year, including public holidays. Part-time employees access a pro-rata holiday entitlement. During holidays, employees should receive pay equivalent to their regular daily earnings. Employers can mandate holiday scheduling during peak times, such as the Christmas season, but such arrangements should be discussed prior to employment acceptance.
4. Maternity and Paternity Leave
Expectant parents have the right to paid maternity leave, which can commence up to 11 weeks before their due date and may last up to 52 weeks. It is advisable for employees to notify their employer at least 15 weeks before their due date to provide ample notice.
Maternity leave requires female employees to take a minimum of two weeks off after childbirth, with factory workers needing to take at least four weeks due to the physically demanding nature of their work. Statutory Maternity Pay is offered for up to 39 weeks as follows:
- For the first 6 weeks: 90% of their average weekly earnings (AWE) before tax
- For the remaining 33 weeks: £184.03 or 90% of their AWE (whichever is lower)
Partners of new mothers are entitled to 1 or 2 weeks’ paid paternity leave and may also qualify for shared parental leave, allowing for up to 50 weeks of leave and 37 weeks of pay.
For further details, visit the official government page on maternity pay and leave.
5. Whistleblowing Protections
Whistleblowing involves employees reporting workplace misconduct. Under the law, employees are protected from unfair treatment or dismissal as a result of whistleblowing. Examples of whistleblowing include:
- Criminal offenses
- Health and safety violations
- Environmental damage
- Miscarriages of justice
- Cover-ups of wrongdoing
- Inefficient insurance practices
6. Data Protection Rights
The Data Protection Act 2018 governs how employees’ personal information is handled by employers. This includes sensitive details such as race, ethnicity, and sexual orientation. Employees have the right to:
- Access their personal data
- Request corrections to inaccurate data
- Have their data erased
- Cease the processing of their data
- Port their data
- Object to how their data is used
These rights extend to individuals who have interviewed for positions, regardless of whether they were hired.
7. Flexible Working Law
Effective April 6, 2024, employees gain enhanced rights regarding flexible working arrangements. This allows workers to request part-time or flexible hours from their employment start date and submit up to two requests within a 12-month period.
Options for flexible working may include:
- Term-time work
- Flexi-time
- Job sharing
- Compressed hours
- Alterations to start and finish times
While employers are not obligated to accept these requests, they must consider them seriously and respond within two months, considering all reasonable alternatives before making a denial.
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