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Employment
Employment
When you start working, you have certain rights. You are said to have a contractual agreement with your employer, even if you don’t have a written one. If you are in a training position and paid, you are still classed as an employee and will also have this contractual agreement.

Information on your rights at work are listed below. However, you can also go to www.direct.gov.uk/rightsatwork.

Employment contracts
When you start working for someone, there is always a contract between you and your employer. Your rights and duties, and those of your employer, are called the ‘terms’ of the contract.

The contract doesn’t have to be in writing initially, but the employer has a legal obligation to provide you with a written statement of employment within two months of your start date.

The written statement must contain specific information laid down in the Employment Rights Act 1996 and will include things like:
  • Your rate of pay.
  • Your holiday entitlement.
  • Your hours of work.
  • The amount of notice you have to give if you want to leave.
  • The amount of notice your employer must give you if they want to end your employment.
If you don’t get one, ask your employer about it. You may find this information is given out in the staff handbook.

If you’re doing an Apprenticeship, you must have a written contract that is signed by your employer.

Discrimination
To be treated equally is a basic right for everyone. If you are being treated unfairly due to someone else’s prejudices, this is known as discrimination. It is against the law to discriminate against anyone because of their race, colour, nationality, national origin, ethnicity, gender, marital status, religion, sexual orientation, disability or age. Discrimination of any kind can include physical attacks, verbal abuse or written abuse.

For more information, check out our Equal Opportunities section.

Working hours
The hours you are allowed to work are limited by the Health and Safety Executive (HSE). If you are under 18 and over school leaving age (you are under school leaving age until the end of the summer term of the school year in which you turn 16) you are classed as a young worker.

Young workers cannot usually be made to work more that eight hours a day or 40 hours a week. These hours can't be averaged over a longer period. There are some exceptions to these rules.

Time off
You are entitled to a minimum of 4.8 weeks holiday a year. This is called statutory holiday. To work out how many days holiday you can take a year, you need to multiply 4.8 by the number of days you work in a week. For example:
  • If you work a five-day week, you are entitled to 24 days paid holiday a year (4.8 X 5).
  • If you work 2.5 days a week, you are entitled to 12 days paid holiday a year (4.8 X 2.5).
The maximum amount of statutory paid holiday you can be entitled to is 28 days. This applies even if you work more than five days a week.

You don’t have a right to paid leave on bank and public holidays – this may count towards your four weeks.

You can:
  • start building up leave as soon as you start your job.
  • get paid your normal pay for your leave.
  • get paid for any holiday you haven’t taken when you finish working for someone.
Your employer can control when you take your holiday. If you’re self-employed, you have no statutory right to paid annual leave.

All workers have the right to take breaks, but whether or not you are paid for them depends on the terms of your employment contract. But there are exceptions depending on the type of work you do.

Time off for study or training (tfst)
The right to Time Off for Study or Training is designed to help you if you are aged 16-17, got few if any qualifications at school, and are now employed in a job which offers little or no training.

It offers you the opportunity to gain the skills and achieve a nationally recognised qualification you will need in the future.

For more information, go to www.connexions-direct.com/tfst

Minimum wage
You have the right to receive a minimum amount of money per hour of work you do – this is dependent on your age and if you are training.

Make sure you know what the rate is for your circumstances as it changes. Check out www.direct.gov.uk/pay to find out what you are entitled to. If you don’t think you are being paid enough, speak to your employer or contact the Low Pay Commission – www.lowpay.gov.uk.

Sick pay
What you're entitled to be paid when you're off sick varies from job to job, and there are also different sick pay schemes in operation - but there is advice available if you have problems.

If you take more than three days off work due to sickness, you may be entitled to something called Statutory Sick Pay, which is a minimum amount set by the government. Find out more at www.direct.gov.uk/sickpay.

However, some employers may pay over this minimum amount, so check with them.

Health and safety
Your health and safety at work is the responsibility of both you and your employer. Check out our How to stay safe leaflet.

Unfair dismissal
You have to have been in the job for at least one year if you want to make a claim for unfair dismissal. If an employment tribunal finds that you were unfairly dismissed, you might get compensation.

However, bringing a case against your employer can be costly. There are other ways you can confront your employer before it gets that serious. Speak to your local Citizens Advice Bureau or a Connexions Personal Adviser about what to do.

For free, confidential and impartial advice on all employment rights issues contact the Advisory, Conciliation and Arbitration Service (ACAS). Check out their website www.acas.org.uk or call their helpline from 8.00am to 6.00pm Monday to Friday on 0845 747 47 47.