Employment rights summary

What rights do individuals have?

List A: Principal rights available to all workers

These include rights under the:

  • National Minimum Wage Act
  • Working Time Regulations
  • Equal Pay Act, Sex Discrimination Act, Race Relations Act, Disability Discrimination Act, and regulations prohibiting discrimination on grounds of religion or belief, sexual orientation and age
  • Part Time Workers (Prevention of Less Favourable Treatment) Regulations
  • Whistleblowing provisions in the Employment Rights Act
  • Provisions dealing with the right to be accompanied at grievance and disciplinary hearings in the Employment Rights Act [nb Statutory Dispute & Grievance Procedures do not apply to workers]
  • Provisions restricting the right of an employer to make deductions from wages in the Employment Rights Act
  • All their rights as defined within the agreement offered

None of these rights carry a qualifying period of service.

List B: Principal rights available only to employees

  • Right not to be unfairly dismissed*
  • Right to a redundancy payment and to paid time off to look for alternative work*
  • Right to an insolvency payment
  • Right to receive written particulars of employment*
  • Right to an itemised pay statement
  • Right to a statutory minimum period of notice*
  • Right to the benefit of statutory minimum procedures for grievances and disciplinary matters
  • Rights to maternity leave and time off for dependents
  • Rights to adoption, paternity and/or parental leave*
  • Right to request flexible working*
  • Right to request to continue working beyond retirement age
  • Rights under the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations
  • Right to belong to a trade union
  • Rights to time off work for various statutory purposes including trade union duties and activities, public appointments and pension scheme trusteeships
  • Rights under TUPE (Transfer of Undertakings (Protection of Employment) Regulations)
  • Protection from detriment for exercising certain statutory rights
  • Protection in relation to Sunday trading
  • Right to be informed and consulted about TUPE transfer and collective redundancies through representatives

*These rights are only acquired after a specified length of service (see List C).

List C: Employee rights dependent on a qualifying period of service

  • The rights to a minimum period of notice and to a written statement of terms apply after 1 month’s employment;
  • The right not to be unfairly dismissed applies after 2 years’ service for those who commenced employment on or after 6 April 2012 or 1 year if his/her continuous employment commenced prior to this date (except for certain categories of automatically unfair dismissal) ;
  • The right to statutory: maternity pay (SMP); additional paternity pay (ASPP) or adoption pay (SAP) applies where the employee has been continuously employed for at least 26 weeks by the end of the: 15th week (i.e. the qualifying week) before the baby is due OR by the end of the week in which the child’s adopter is formally notified of being matched with the child for adoption;
  • The rights to a redundancy payment apply after 2 years’ service, (as per the University of Sheffield’s Redundancy/Redeployment policies);
  • The rights to request flexible working apply after 6 months’ service (From June 2014).