Employee legal rights in workplace uk

Are you an employee working in an office or other premises? Do you know what rights you have as an employee? Read this blog to learn about the 10 Rights of Employees in the Workplace. If you are a worker, you spend a large portion of your valuable time at work every day. While working for employers, you are entitled to many benefits, according to UK employment law. Employment law ensures workers fair pay and other benefits in the workplace.

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Content:

• What are the legal duties on my employer to ensure my health, safety and welfare at work?
• United Kingdom labour law
• I’m being asked to go back to the office, what are my rights in the UK?
• Child employment
• UK Employment Law: Menopause and the Workplace
• Employment Law Specialists
• What’s happening in employment law in 2022?
• Your employment rights as a 'Christmas temp'

WATCH RELATED VIDEO: What Statutory Rights do Employees Get?

What are the legal duties on my employer to ensure my health, safety and welfare at work?

Recent events have shown both the scope the internet offers for working away from the office, and the readiness of many employers to contemplate such a change in the working patterns of their white-collar staff.

While there are many reservations about the net benefits of remote working not least because of the impact on city centre businesses struggling to survive with a reduced customer base , there are indications that a fairly major shift in practice is taking place.

On 30 August, BBC News reported that outsourcing firm Capita intends to close one third of its UK offices, a change that will have a serious impact on the working arrangements for its 45, workers. That is just one example of many. Several large organisations engaged in white-collar work — including the civil service and at least one magic circle law firm — have moved to give staff the option of working from home for at least a substantial proportion of their working time.

A survey carried out by The Times at the end of August reported that three quarters of Britain's biggest employers were looking at a permanent shift to flexible working. Whether and to what extent there will be a reversion to traditional full-time office-based work after that period remains unpredictable. An obvious plus point for employers is that homeworking offers a number of financial advantages, not least savings in rents and utilities. But at the same time there are big challenges for employers and their staff.

There are health and safety issues associated with workers spending long hours in less than ideal working conditions. Loneliness and a feeling of isolation is a common problem, as is the challenge of having to carry out duties relying on technology less user-friendly and more tiring to operate than the equipment left behind in the office.

Questions of data security and insurance often remain unaddressed, and the practicalities of converting part of one's home into a permanent workstation are not always straightforward. On the other side of the coin, the employer's managerial tasks also become more challenging; for example, retaining team spirit and enthusiasm within the workforce is harder when that workforce is dispersed.

Keeping control over training, and monitoring working patterns and sickness absences, are more difficult when staff are not physically present at a single location.

From a purely legal point of view there are also a number of issues raised. There is first a fairly obvious impact on the operation of certain basic statutory rights. Any changes must be notified within one month: s 4 3 a. So a change that requires or permits the worker to work from home, exclusively or for part of the time, has to be notified in writing.

Should the employer fail to give such notification, the formal sanction is relatively weak — an award of two or four weeks' wages in limited circumstances s 38, Employment Act It would, however, be a mistake for employers to neglect the opportunity s 4 offers to define the parameters under which remote working is being introduced and, importantly, when it may be brought to an end.

A simple change in practice left wholly unregulated could, over time, result in a variation in the terms of employment, making the worker's contractual place of work now the home and not the office. But if in practice an employee moves from office to homeworking on a permanent or semi-permanent basis, then their dismissal following a cessation or diminution of work at the former workplace may not entitle them to a statutory redundancy payment. It may also remove entitlement to a contractual redundancy payment, since many voluntary schemes incorporate the statutory definition of redundancy.

Again, this underlines the importance of employers making clear to the employee, exactly what is being permitted by way of remote working and the likely duration of any such change. A second set of legal issues arise in connection with understanding how various regulatory provisions will fall to be applied in a new working environment. While it might seem enough to measure the hours of a remote worker by reference to internet connection time, such an approach does not take account of the additional offline working that will often be expected and indeed necessary.

In reality any accurate record keeping will have to rely on the worker's own system and honesty in the recording of times and the keeping of records. Another area of interest is minimum wage legislation.

Different rules apply in calculating working time when work is done from home, as opposed to in the office, and there is an important exception to keep in mind when taking account of any requirement to be available to do work as and when this may arise. Thus the move from office to home could be disadvantageous, especially since technology allows remote workers to be contacted by their employer outside normal working hours.

But there is a safeguard. If a worker at home is required to be ready to respond during what would otherwise be his free time, case law establishes such time spent in readiness should be seen as comprising work itself and thus count for NMW purposes , and not just as giving rise to a requirement to be available for work. As it is put in Harvey Div B1, para A third type of problem is perhaps the most interesting and difficult. It arises not so much from the fact of the relocation of the place of work, but from the special considerations that arise when that relocation involves the crossing of boundaries.

For most who make the transition to remote working, the problem will not arise, assuming the move is nothing more than a shift from city centre to a rural or suburban environment.

But that will not always be so. Once it is accepted that work can be done remotely, there is no technical reason to place limits on the distances or locations involved. A spreadsheet can as easily be manipulated from Stornoway as from Bedford and, indeed, Paris making allowances for time differences. The distinguishing feature of remote working is that the physical aspect of work is separated from the location where the employer is based and where it is intended the value of the work should accrue.

How does this impact on employment rights, given as a starting point the accepted principle that the reach of statutory employment rights is largely territorial? The answer has to be that, as a matter of common sense and language, they are not. Unless, therefore, an exception to the general rule can be found, the individual could find themselves excluded from the scope of unfair dismissal protection along with other rights in the ERA and other legislation similarly limited by its territorial scope.

Since the Equality Act operates, so far as employment rights are concerned, on similar principles, it follows that, not only could the remote worker in question be excluded from unfair dismissal and redundancy rights, they might also find themselves excluded from protections against discrimination at work. All that would be a high price to pay for the benefit of remote working, and it is one that has not, so far, been contemplated, far less acknowledged.

There is, however, probably an answer to this particular difficulty, in the shape of judicial creativity. As Lord Hope in Ravat went on to acknowledge, the rule as to territoriality is not an absolute one.

It might of course be otherwise if the individual had never worked within the jurisdiction, or was a foreign national living abroad hired by a British company to work remotely, but where there has been a relocation of an existing employment relationship, the legal analysis is likely to be fairly straightforward. One relatively minor matter, relevant to the specific situation where the employer is in England or Wales, and the remote worker is in Scotland or vice versa , relates to the presentation of claims to employment tribunals.

In the above situations the employee who makes a claim can probably choose the particular jurisdiction they prefer. The remote worker who lives across the border from their employer thus has a choice of tribunal forum that is not available in the standard case, where the employee works in the same jurisdiction as that in which their employer carries on business. Looking beyond the list of specific entitlements, there are also wider legal considerations in any move towards remote working across borders.

Contracts of employment are given special treatment, and where the parties have not otherwise expressed a view as to what should be the governing law, article 8. The country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.

That would on the face of it make the employment contract of the remote worker coincide with the law of the country where they are remotely located — at least where their change of location is not seen as temporary. But there is a saving provision to be found in article 8. It is at least open to argument that in the example given, the remote worker's contract has a closer contact with Britain, but it would not necessarily be so if, for example, the worker has moved their family and domicile to the new location.

And it should not of course be assumed that a British connection would automatically be more favourable to the worker — it depends on the particular circumstances in play and the rules of the legal system where the individual is situated. All these questions are, for the moment, hypothetical, given that the higher courts have not to date had to consider the consequences remote working may have for individual employment rights.

But it is unlikely that this state of affairs will continue. It seems probable that COVID will continue to encourage employers to put in place new arrangements allowing staff to do their jobs remotely, and such arrangements will do doubt give rise to disputes and grievances as and when the employer seeks a return or partial return to previous practice. That, in due course, may well lead to litigation in the employment tribunals or civil courts. Made by Gecko Agency Limited.

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What can firms or employers do? Practical concerns apart, remote working gives rise to a number of legal issues, including as to the operation of basic rights and potentially even the application of the UK employment regime.

Statutory rights: back to basics From a purely legal point of view there are also a number of issues raised.

Regulatory protections: keeping track A second set of legal issues arise in connection with understanding how various regulatory provisions will fall to be applied in a new working environment.

Crossing a boundary: territorial rights A third type of problem is perhaps the most interesting and difficult. Connecting factors? The Author. Share this article. Lessons from the class of Children first, by rights Tech wherever you turn Skelping away ADR: get one jump ahead Law and wellbeing: how far at odds? Criminal court: The limits of Moorov Licensing: Remote board hearings — the future? Contracts: E-signatures: silos, concerns and top tips Data protection: Year of disruption. The Word of Gold: Shaken and stirred?

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United Kingdom labour law

Most UK research staff are employed on a research contract with their university or institution. You are an employee of the institution, and thus entitled to the full protection that employment law allows. This means that:. Most research staff are employed on fixed-term contracts tied to a fixed period of grant funding.

I’m being asked to go back to the office, what are my rights in the UK?

Not necessarily, although normally it would be advisable to do so unless such a change is provided for in the wording of the existing contract. It depends on how specific you have been in their existing contract. If it involves a significant change in their terms and conditions of employment - for example, a place of employment different from that specified in their contract - you will need to record the amendment to their contract. If you have left matters such as the place and time of work to management discretion, you may not need to worry about issuing a new contract. It depends on what their employment contract says. Employers have no general right to require this. Make sure you're focusing on the right priorities with time tracking software from Hubstaff. Keep track of time, holiday, and attendance on the go, generate detailed timesheets and pay teams for billable hours. Try for free for 14 days. Yes, if the contract of employment permits you to do so, or you reach agreement with the employees concerned.

Child employment

Workers should never be required to work in unsafe conditions and safeguarding any workplace in these times is indeed challenging. Prospect believes that workers should not be required to attend workplaces without proper precautions and urges employers, and government, to work with unions to ensure risks are minimised through full risk assessments, social distancing, hygiene, and PPE provision. See our health and safety advice for more information. The Employment Rights Act says that it will be unlawful to subject an employee to a detriment, or to dismiss them, for refusing to work in circumstances where they reasonably believe they are facing a serious and imminent danger or where they take appropriate steps to protect themselves or others. The law is amended from 31 May , so that all workers, and not just employees as previously, have the right to bring a claim under this section.

UK Employment Law: Menopause and the Workplace

All employers have a common-law duty of care to their employees. In addition, under the Health and Safety at Work Act HASAWA every employer has a duty to ensure that, so far as is reasonably practicable, the health, safety and welfare of employees are protected. They must also conduct a risk assessment to identify the measures necessary to comply with the Act and other regulations. All employers with five or more employees must have a written health and safety policy, which must be brought to the notice of all employees. HASAWA provides for the appointment of safety representatives where there is a recognised trade union or representatives of employee safety where there is no recognised union.

Employment Law Specialists

It is not uncommon for employers to ask employees to work weekends, including Sundays, especially in the retail and hospitality industries. The following guide for employers looks at working weekend laws in the UK, including what employers can and cannot ask of their staff in relation to weekend-working. Under UK law, an employee cannot be made to work on weekends unless they have agreed to this with their employer. An employee is not legally obliged to accept a change that adds weekend-working to their contract terms. Otherwise, written agreement would need to be reached with the employee in question.

What’s happening in employment law in 2022?

Human rights are the basic rights and freedoms that belong to every person in the world. They are based on important principles like dignity, fairness, respect and equality. Your human rights are protected by the law.

Your employment rights as a 'Christmas temp'

RELATED VIDEO: Employment Rights and Responsibilities

Everyone is entitled to fair and just treatment in the workplace. Everyone is entitled to fair and just treatment in the workplace, regardless of your role, race, sex and other attributes. Employment law covers your rights. You may have a claim if your employer has discriminated against you or acted unlawfully. Our specialist team can provide legal advice around your employment to help mitigate disputes and bring unlawful practices to justice.

It is essential that, as an employer, you are knowledgeable about employment legislation and laws. It is legislation that governs employer and employee relationships, including trade unions. We find the employment rights in the UK in various acts, regulations and laws. Failing to follow these correctly and violating employee rights in the UK could allow staff to bring claims to an employment tribunal. The law exists to regulate relationships and interactions between employers and their employees. Work regulations aim to ensure a fair process is held in all areas of the business, be that in recruitment or dismissals. Without workplace laws, UK workers could suffer unfavourable treatment at the hands of their employer and have no way of remedying this situation.

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