Everybody should know their rights and entitlements in the workplace but unfortunately, many of us don't. In order to feel confident, secure and happy at work, we really need to know all the information, whether it is uncertainty about what to do about a dispute or a maternity issue. Below is some information that is key to know in the workplace.
Discrimination, bullying or harassment/
All employers are responsible for ensuring that all staff know that this kind of behaviour is not tolerated and policies should be in place to protect employees from discrimination. Sexual discrimination, sexual orientation, gender identity, age and race discrimination, religion or belief and disability all fall under this category.
Steps to take if you are a victim of any of the above:
- Get advice from the Acas helpline, Citizens Advice Bureau or a bullying helpline
- Talk to colleagues to find out if anyone else is suffering or has witnessed what's happened to you
- See someone who you feel comfortable with to discuss the problem, perhaps a senior nurse or practice manager
- Keep a diary of all incidents: record dates, times, witnesses, your feelings, etc, keep copies of anything relevant, e.g. letters, memos, emails, notes of meetings
- Inform your employer of any medical help you seek
- If you are able, tell the person to stop whatever it is they are doing that causes you distress, as they might be unaware of its effects – you might want to ask someone else to act on your behalf
- Consider writing a letter or email if you can't confront the person
- If you make a formal complaint, follow your employer's procedures
- If you have a union representative or other adviser, ask them to help you state your grievance clearly
Maternity and Paternity rights/
If you become pregnant, you automatically have the right to ordinary maternity leave and additional maternity leave. At the end of ordinary maternity leave, you are entitled to return to your original job. At the end of additional leave, you should still be able to return to your original job, but if this is not reasonably practicable, a suitable alternative job will be made available for you. During maternity leave, you may work and be paid as usual for up to 10 'Keeping in Touch days'.
All pregnant employees are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor. Antenatal care may include relaxation classes and parent-craft classes. Except for the first appointment, you must show your employer, if requested, a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made.
What pay am I entitled to during maternity leave?
You are entitled to Statutory Maternity Pay (SMP) if you have been employed by your employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms, wholly) reimbursed by the state.
From April 2010 the standard rate of SMP is £124.88 a week (or 90 per cent of your average weekly earnings if this is less than £124.88 a week). For the first six weeks the rate is 90 per cent of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.
If you have not been working for my employer long enough to qualify for SMP, don't panic! You may be entitled to Maternity Allowance (MA), paid by the Benefits Agency, for up to 39 weeks. To qualify, you must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30.
To qualify for maternity leave, you must tell your employer by the end of the 15th week before the expected week of childbirth:
- That you are pregnant
- The expected week of childbirth, by means of a medical certificate if requested
- The date you intend to start maternity leave. This can normally be any date which is no earlier than the beginning of the 11th week before the expected week of childbirth up to the birth.
Your employer must then write to you within 28 days of her notification, setting out your return date. You can change this date if you give your employer 'eight weeks' notice.
During the 26 weeks' ordinary maternity leave (plus optional 26 weeks additional maternity leave), you are entitled to benefit from all your normal terms and conditions of employment, except for remuneration (monetary wages or salary). You can also do up to 10 days' work during your maternity leave without losing any Statutory Maternity Pay. Your employer should agree payment with you for the time worked.
If you are a father to be or will share the responsibility with a partner for bringing up a child, you may have the right to Statutory Paternity Leave and Pay. This includes adoptive fathers-to-be.
To qualify, you will have worked continuously for your employer for 26 weeks ending with the 15th week before the baby is due, or the end of the week in which the child's adopter is notified of being matched with the child.
Paternity leave is available to employees who:
- Have or expect to have responsibility for the child's upbringing
- Are the biological father of the child or the mother's husband or partner
- Have worked continuously for their employer for 26 weeks ending with the 15th week before the baby is due or the end of the week in which the child's adopter is notified of being matched with the child.
Those who are eligible can choose to take either one week or two consecutive weeks' paid paternity leave (not odd days).
Parental leave/
If you have completed one year's service with an employer, you are entitled to 13 weeks unpaid parental leave for each child born or adopted. The leave can start once the child is born or placed for adoption, or as soon as you have completed a year's service, whichever is later. You can take it at any time up to your child's fifth birthday (or until five years after placement in the case of adoption). If your child is disabled, you can take 18 weeks up to his or her's 18th birthday.
A request should be made your employer giving 21 days notice of the start date of the parental leave- the employer may ask for this to be in writing. As long as you qualify for parental leave and give your employer the correct notice, you should be able to take parental leave at any time.
To take parental leave straight after the birth or adoption of a child, you should give notice 21 days before the beginning of the expected week of childbirth or placement. In cases where this may not be possible you should give notice to your employer as soon as possible. For example, if a child is born prematurely or where less than 21 days notice is given that a child is to be placed with you for adoption.
You will remain employed while on parental leave and some terms of your contract, such as contractual notice and redundancy terms, still apply. At the end of parental leave you will have the right to return to the same job as before or, if that is not practicable, a similar job with the same or better status and terms and conditions. If leave is taken for a period of four weeks or less, you will be entitled to go back to the same job.
Parental leave should only be taken to care for the welfare of a child, for example you may wish to take leave to:
- Stay with your child who is in hospital
- Spend more time with your child
- Make school/childcare arrangements and to help them settle in.
An employer can only postpone parental leave if they have a good business reason for doing so, for example: seasonal production, another member of staff is off or the staff absence would harm the business. Parental leave can be postponed for up to 6 months but cannot be postponed so that the leave ends after the child's fifth birthday (or 18 in the case of adopted or disabled children).
Redundancy and Notice/
Both the employer and employee are normally entitled to a minimum period of notice of termination of employment. These are regarded as being amongst the main terms of an employment contract, and should therefore be included on an employee's written statement, which he should receive within two months of starting work. In the event of a dispute over notice requirements, the parties should try to resolve the matter by following the company's internal procedures.
Both you and your employer are normally entitled to a minimum period of notice of termination of employment. After one month's employment, you must give your employer at least one week's notice; this minimum is unaffected by longer service. Your employer must give you:
- At least one week's notice after one month's employment
- Two weeks after two years
- Three weeks after three years and so on up to 12 weeks after 12 years or more
However, you and your employer will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment.
Most employees, subject to certain conditions, are entitled to certain payments during the statutory notice period. You can waive your right to notice or to payment in lieu of notice. Your employer can also waive their right to notice.
Unfair dismissal/
Dismissal is normally fair only if your employer can show that it is for one of the following reasons:
- A reason related to your conduct
- A reason related to your capability or qualifications for the job
- Because you were redundant
- Because a statutory duty or restriction prohibited the employment being continued
- Some other substantial reason of a kind which justifies the dismissal and that they acted reasonably in treating that reason as sufficient for dismissal
Employees have the right not to be unfairly dismissed. In most circumstances you must have at least one year's continuous service before you can make a complaint to an employment tribunal. However, there is no length of service requirement in relation to 'automatically unfair grounds'. Also, the requirement is reduced to one month if you claim to have been dismissed on medical grounds as a consequence of certain health and safety requirements that should have led to suspension with pay rather than to dismissal.
A complaint of unfair dismissal must be received by an employment tribunal within three months of the effective date of termination of the employment (usually the date of leaving the job) unless the tribunal considers this was not reasonably practicable. Time limits may also be extended where statutory procedures apply - subject to certain conditions.
If both you and your employer agree, instead of going to an employment tribunal, the case may be heard by an arbitrator under the Acas Arbitration Scheme. If a tribunal establishes that a dismissal has taken place it is normally for your employer to show that it was for a fair reason and that they have, as a minimum, followed the statutory disciplinary procedures. In such cases the tribunal must then decide whether, in the circumstances, your employer acted reasonably in treating that reason as sufficient for dismissal.
Dismissals are classed as 'automatically unfair', regardless of the reasonableness of your employer's action, if you are exercising specific rights to do with:
- Pregnancy: including all reasons relating to maternity
- Family reasons: including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
- Representation: including acting as an employee representative and trade union membership grounds and union recognition
- Part-time and fixed-term employees
- Discrimination: including protection against discrimination on the grounds of age, sex, race, disability, sexual orientation and religion or belief
- Pay and working hours: including the Working Time Regulations, annual leave and the National Minimum Wage
Employees who are dismissed and have completed at least one year's continuous employment are entitled to receive, on request (orally or in writing), a written statement of reasons for dismissal within 14 days. An employee dismissed during:
- Her pregnancy or her ordinary or additional maternity leave
- His or her ordinary or additional adoption leave
is entitled to a written statement of the reasons regardless of length of service and regardless of whether or not the request was made
References: ACAS website
For more information on employment rights, please visit: www.acas.org.uk
