As part of our know your rights campaign I want to highlight your rights in the workplace and what you should be entitled to if you are working in the United Kingdom. Check out the information below on your entitlements for pay, breaks and contracts.
The best way to ensure your rights are protected in the workplace is to join a trade union. Click here to find a Union suitable for your job. Find a union for you | TUC
Free employment advice is also available from:
Employment Status:
There are three main types of employment status, these are:
Contracts:
This is the legal agreement between the employee and the employer; there is no requirement for this to be in writing, but it is beneficial to have a written record of what has been agreed. A contract is different from a ‘Written Statement of Employment’ (see below) as it will normally be much broader including things like key policies and any special requirements such as about social media use or confidentiality.
Written Statement of Employment:
An employer must give each employee a written statement describing the main terms and conditions of the employment. This must happen within two months of the job starting.
The written terms will include things like a brief overview of the role, the amount of pay and when you will receive it, the length of your contract, details of sick pay, holidays, probation and notice periods and dismissal and grievance procedures.
Zero-hours Contracts:
Zero-hours contracts are also known as casual contracts. This means:
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you are on call to work when the employer needs you
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your employer does not have to give you work
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you do not have to do work when you are asked to by your employer
Zero-hours workers are entitled to statutory annual leave and the National Minimum or Living Wage in the same way as regular workers. Employers are responsible for the health and safety of staff on zero-hours contracts.
Employers cannot do anything to stop a zero-hours worker from getting work elsewhere if they wish to. The law says you can ignore a clause in your contract if it bans you from looking for work or accepting work from another employer.
Pay:
You are entitled to be told, in writing, how much you will be paid and when your wages will be paid.
In the UK depending on your age, you are entitled to receive either National Minimum Wage if you are 22 and under, or National Living Wage with you are 23 or over. (there is an exception for people on the first year of an apprenticeship). The current rates as of April 2023 are:
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£10.42 – workers aged 23 and over
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£10.18 – 21-22 year-old
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£7.49– 18-20 year-old
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£5.28 – under 18 rate
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£5.28– apprentice rate, for apprentices under 19 or 19 over and in the first year of their apprenticeship
It is illegal for your employer to pay you below the National Minimum Wage or National Living Wage for you age group. If you believe you are being under paid, then first speak to your employer. If they don’t agree to pay you what you are entitled too, then you can report your employer to HMRC using the link here.
If you have been underpaid by your employer, you are legally entitled to the back pay you are owed.
Working Hours & Breaks:
You cannot be made to work more than 48 hours in a single week. This law is sometimes called the ‘working time directive’ or ‘working time regulations.
You also are entitled to:
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a rest break of at least 20 minutes for every 6 hours of continuous work during a single shift
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at least 11 hours’ rest in each 24-hour period.
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an uninterrupted 24 hours without any work each week or an uninterrupted 48 hours without any work each fortnight.
International Students
If you are an international student with a Tier4/Student VISA you can normally work for a maximum of 20 hours a week during term time, and full time in vacation periods. If you are unsure whether this applies to you, please speak to the International Advice & Guidance Team
There are however restrictions on the type of work you can do, for example you cannot be self-employed or set up your own business. Be aware this can also include jobs such as being a Deliveroo or Uber driver which are often done on a ‘self-employed’ basis.
National Insurance Number
In order to work in the UK you will need to apply for a National Insurance number. This is a unique personal reference number that is used to collect national insurance contributions when your work. You can apply for a National Insurance number either by phoning: 0800 141 2079 or online here: https://www.gov.uk/apply-national-insurance-number/how-to-apply