| Do you know your rights? | | | | your health and safety; |
| Your rights are governed by your contract of | | | | (iii) in some cases, receive work; |
| employment and by the law. Your contract does | | | | (iv) have trust and faith in your employer; and |
| not have to be written. But, if you are an | | | | (v) receive reasonable notice to end the |
| employee, once you work for your employer | | | | employment (if your contract does not set a |
| continuously for 2 months, you are entitled to a | | | | notice period). |
| written record of the most important terms of | | | | Breach of contract |
| your employment. You have different rights if | | | | Your employer cannot normally change the terms |
| you are 'self-employed', rather than 'employee'. | | | | of your contract without your agreement. To do |
| Legal protection | | | | so, is a breach of contract. However, if you don't |
| What rights you have will depend, to some | | | | agree to the changes, your employer might |
| extent, on whether you are 'employee' or | | | | decide to dismiss you. Depending on the |
| 'self-employed'. Generally, employees have more | | | | circumstances, the dismissal may be 'unfair' and / |
| legal protection than the self-employed. There is | | | | or 'wrongful'. If the changes have exceptionally |
| no precise, legal, definition of these terms. All the | | | | serious effect on you, you may be able to resign |
| circumstances, and especially the overall picture | | | | and seek compensation for 'constructive dismissal'. |
| they paint, are relevant. Generally speaking, you | | | | Complying with the law |
| are more likely to be an employee if you have to | | | | If your employer breaches any of your rights, |
| do your duties personally, if your employer can | | | | you should speak to them. If necessary, make a |
| tell you how to do your job, and if you cannot | | | | written complaint and issue a formal grievance. |
| work for more than one employer at any given | | | | Most employers want to comply with the law. So, |
| time. | | | | a change should take place. If nothing happens, |
| Minimum rights | | | | and you are a union member, see if it can help. |
| Your contract may be in a letter or a formal | | | | If you want to recover compensation, you could |
| agreement. It may even be verbal. Normally, at | | | | bring legal action. You should take full legal advice |
| least some rights will be written. If an employee, | | | | first. Most complaints will be heard at a local |
| you are entitled to receive a written statement | | | | employment tribunal. |
| of the most important terms of your | | | | You must make sure that your claim arrives at |
| employment. | | | | the tribunal within 3 months. This begins from the |
| The law sets certain minimum rights. Your | | | | date your employer breached your rights or, if |
| employer cannot give you less than what the law | | | | you were dismissed or resigned, the 'effective |
| offers. If you did not agree to certain matters, | | | | date of termination'. The effective date of |
| your legal rights will apply automatically. They deal | | | | termination is normally your last day at work. |
| with matters such as minimum pay, minimum | | | | Only in truly exceptional circumstances will the |
| holidays, maximum working hours and right to | | | | tribunal allow you to make a later complaint. |
| maternity and paternity leave. | | | | If your claim is successful, the tribunal is likely to |
| You also have certain rights which are often | | | | say that your employer should honour your rights. |
| unwritten or unspoken ('implied' rights). They | | | | You are also likely to recover compensation. |
| include the right to: | | | | Where relevant, the tribunal will say what the |
| (i) be paid wages; | | | | terms of your employment are. |
| (ii) have your employer take reasonable care of | | | | |