| PAY & EMPLOYMENT RIGHTS SERVICE INFORMATION · ADVICE · TRAINING · CONSULTANCY · RESEARCH |
||||||||||
|
Frequently Asked Questions PERS produces and distributes a number of high quality leaflets, fact sheets and action packs. If you would like to order any of our employment rights material please download our leaflet order form and return it to our office. Please note: there is a charge for some leaflets in some areas, please check details on the form. Frequently asked questions about employment DismissalDisability DiscriminationEqual Pay For Men And WomenHolidays - Leave EntitlementMaternity LeaveNI and Income TaxPart Time WorkersRace DiscriminationRedundancyRest BreaksSex DiscriminationSick PayTrade UnionsWHAT IS DISMISSAL? Dismissal is where your employer tells you that they no longer want you to work for them after a certain date. It is also classed as a dismissal if: * You are on a fixed term contract that comes to an end and is not renewed. * You are made redundant from your job. * You have been on maternity leave and your employer refuses to let you return to work, even though you have the right to do so. * Your employer changes the terms of your contract in a way that leaves you no choice but to resign. This is known as "constructive dismissal". * You are forced to resign, because your employer would definitely dismiss you otherwise. Being sacked is never a pleasant experience, but in certain situations you might be able to do something about it. This can depend on your length of service. PERS produces a leaflet on dismissal which gives more information. Please contact us if you would like a copy. Back to topDISABILITY DISCRIMINATIONWHAT DOES THE DISABILITY DISCRIMINATION ACT DO?From 1st October 2004, the Disability Discrimination Act 1995 (DDA) makes it unlawful for most employers to discriminate against you on the grounds of your disability, if you have a disability now or if you have had a disability in the past. PERS produces a leaflet on disability discrimination which gives more information. Click on the publications link to view a copy. Back to topEQUAL PAY FOR MEN AND WOMENWHAT IS THE PURPOSE OF THE EQUAL PAY ACT ?The purpose of this Act is to make it unlawful for employers to offer different pay and conditions where women and men are doing the same or like work or work rated as equivalent. WHO DOES THE ACT APPLY TO? You can claim for equal pay if you are an employee, full or part-time, temporary or permanent. You can make a claim from when you start work up to six months after your last payment. Men can claim as well as women. Sometimes groups of employees doing the same work make joint claims. The act does not permit claims for equal pay with other people of the same sex, or between different employers. PERS produces a leaflet about Equal Pay for Work of Equal Value which gives more information. Click on the publications link to view a copy. Back to topHOLIDAYS - LEAVE ENTITLEMENTIS THERE A 'STANDARD LEAVE' ENTITLEMENT?Workers have the legal entitlement to MINIMUM paid holidays each year under the Working Time Regulations. From October 2007, workers are entitled to 4.8 weeks paid holiday per year (this may differ for workers who work more than five days a week, see our holiday leaflet for more details). Your employer may agree to give you a contractual right to more holiday than the statutory (legal) minimum, but not less. ARE YOU ENTITLED TO BANK HOLIDAYS? There are usually eight public or ‘bank’ holidays a year (New Year’s Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, late August, Christmas Day, Boxing Day). Even though they are sometimes called 'statutory' holidays, only bank workers are entitled by law to take these days as holiday. Your employer may count these as part of your minimum entitlement. So, if you are entitled to 24 days paid holiday a year, you might have to take eight of them on bank holidays, even if you do not want to. Try and negotiate with your employer about what happens on bank holidays. PERS produces a leaflet on Holidays which gives more information. Click on the publications link to view a copy. Back to topMATERNITY LEAVEThere are two kinds of maternity leave, Ordinary Maternity Leave and Additional Maternity Leave.WHO QUALIFIES FOR ORDINARY MATERNITY LEAVE?All women who are employees while they are pregnant are entitled to 52 weeks’ Maternity Leave, regardless of their length of service, provided they have given notice to their employers. Your rights while on Ordinary Maternity Leave (the first 26 weeks of maternity leave) While you are on Ordinary Maternity Leave you keep all your statutory and all your contractual rights (other than wages) just as if you were still at work. This means, for instance, that you continue to accrue both statutory and contractual holiday as well as any pension rights that are offered in your contract. Pay. You may only receive maternity pay for up to 39 weeks if you qualify. This could be either Statutory Maternity Pay (SMP) or Maternity Allowance (MA) see below for details of eligibility. Holiday. Remember that any statutory paid holiday must be taken in the ‘holiday year’ in which it is accrued (earned) and cannot usually be carried over to the next holiday year. This means that if your OML spans two ‘holiday years’ you will need to take some of your paid holiday before your maternity leave and some of it after you return to work. See PERS leaflet number 4 on ‘Paid Holidays’. Contractual paid holiday can be taken at any time agreed with your employer. WHO QUALIFIES FOR ADDITIONAL MATERNITY LEAVE?ADDITIONAL MATERNITY LEAVE (AML)(26 WEEKS AFTER OML)All employees now qualify for Additional maternity leave. Your rights while on Additional Maternity Leave You will keep all your statutory rights while on AML, including continuity of service and statutory holiday entitlement, but any contractual rights such as additional holiday and additional pay will depend on your workplace agreement (your contract). Holiday. Your statutory paid holiday must be taken in the ‘holiday year’ in which it is accrued (earned) and cannot normally be carried over to the following year. This means that if your maternity leave spans two ‘holiday years’ (which it usually will if you take AML) then you will have to take some of your paid holiday before your maternity leave and some after you return to work. See PERS leaflet number 4 on ‘Paid Holidays’. Contractual paid holiday can be taken at any time agreed with your employer. PERS produces a leaflet which gives more information about Working Parents’ Rights Click on the publications link to view a copy. WHAT IS IT?The National Minimum Wage (NMW) is a basic minimum hourly rate of pay to which most workers are entitled. The government sets the NMW after considering the advice of the Low Pay Commission, an independent body of representatives from workers’ and employers’ organisations and other experts. There are different NMW rates depending on your age and whether you are being trained in a new job. ARE YOU COVERED?Most workers aged 16 or over are covered by the NMW. This includes part time and casual workers as well as agency workers, homeworkers and people over retirement age. The rates are the same for all parts of the UK and for all kinds and sizes of firms. NMW RATES (from OCTOBER 2007)* Full adult rate (workers aged 22 and over): £5.52 an hour* Young workers’ rate (workers aged 18 – 21): £4.60 an hour * Young workers aged between 16 – 17 years old: £3.40 an hour PERS produces a leaflet which gives more information about the National Minimum Wage. Click on the publications link to view a copy. Back to topNI AND INCOME TAXDEDUCTIONS FROM YOUR PAYAll workers aged 16 or over must pay income tax and National Insurance (NI) contributions if they earn over a certain amount (the ‘earnings threshold’). These amounts usually change at the beginning of April. Once you have passed the 'thresholds', the amount you pay for both income tax and NI will depend on how much you earn. Your employer has a legal responsibility to deduct your tax and NI contributions from your wages and pass them on to Her Majesty's Revenue & Customs (formerly known as The Inland Revenue). Details of deductions must appear on your payslip. NATIONAL INSURANCEEntitlementsIf you earn enough (that is more than the 'Lower Earnings Limit') you will qualify for certain benefits and payments during periods when you are not working - Jobseekers Allowance, retirement pension and so on. These are called 'contributory benefits'. You also need to be earning above the Lower Earnings Limit to qualify for Statutory Sick Pay (SSP) and Statutory Maternity Pay (SMP), even though these are not 'contributory benefits'. From 6 April 2007, the 'Lower Earnings Limit' is £87 per week. PaymentsYou do not start paying NI contributions until you earn above the 'Earnings Threshold'. From 6 April 2007 this is £100 per week. This means that from 6 April 2007 you will pay NI contributions on your weekly earnings as follows: Up to £100.00: No contribution £100.01 - £670.00: 11p in every £1 Over £670.00: 1p in every £1 Your employer will also pay a NI contribution on your behalf if you are earning over £100 per week. Unlike income tax, your NI is worked out on each separate job you do. So, for example, in a week you might earn £65 in one job and £55 in another. Although your total week’s earnings come to £120 - well above the NI Employee's Earnings Threshold - you will not qualify for 'contributory benefits' in either job, nor will you pay NI contributions. INCOME TAX As with NI, income tax should be automatically deducted from your pay and detailed on your payslip. Unlike NI, the amount of tax you pay is worked out on your total earnings, not separately for each job you do. How much tax you pay depends on the tax code you are given by the Inland Revenue at the start of the tax year in April. This means that people with the same gross earnings may pay different amounts of tax because they have different tax codes. From 6 April 2007most people are entitled to a Personal Tax Allowance of £100.00 per week, or £5225 a year (the Inland Revenue round the figures down to the nearest whole pound). You will not pay income tax if you earn below these levels. The 'married couple's allowance' was abolished for people under 65 in April 2000. If you have low earnings, you may be able to claim Working Tax Credit and if you have children, you may be able to claim Child Tax Credit. Some people, such as people with disabilities, are entitled to additional tax allowances. There are three tax bands as listed below. The new thresholds will operate from 6 April 2007. You pay 10p in the £1 for the first £2150 of taxable earnings, and 22p in the £1 for taxable earnings between £2150 and £33,300. Earnings above this rate will be taxed at 40p in the £1. PERS produces a leaflet on Tax and National Insurance which gives more information. Click on the publications link to view a copy. Back to topPART TIME WORKERSWHAT LEGAL RIGHTS DO YOU HAVE?Part-timers have all the same statutory rights as full-timers. Statutory rights include things like protection from discrimination or from unfair dismissal and rights to receive a minimum wage, holiday pay, notice and redundancy pay if you qualify for them. Most statutory rights now depend only on your length of service or level of income, not the number of hours you work. Since 1st July 2000, part-time workers also have the same contractual rights as ‘comparable’ full time workers. Contractual rights are terms and conditions which are agreed between you (or your representative, such as a trade union) and your employer. They include things such as rate of pay and bonus schemes. Your contract may give you improvements on your statutory rights (for example better holiday or sickness arrangements) but cannot give you terms that are worse than the statutory minimum. PERS produces a leaflet which gives more information about part time workers. Click on the publications link to view a copy. Back to topRACE DISCRIMINATIONWHAT DOES THE RACE DISCRIMINATION ACT DO?The Race Relations Act 1974 (RRA) makes it unlawful for you to be discriminated against at work on the grounds of your race, colour, nationality, ethnic or national origins. The RRA defines two kinds of discrimination - direct discrimination and indirect discrimination. Racial harassment can also be direct race discrimination. WHAT IS DIRECT RACE DISCRIMINATION?Direct discrimination occurs when a person is treated less favourably than another in relation to recruitment, selection, training, promotion, selection for redundancy etc, because of their race, colour, nationality or ethnic origin. WHAT IS INDIRECT DISCRIMINATION?Indirect discrimination occurs when a person of a certain race, colour, nationality or ethnic origin cannot comply with an unjustifiable requirement imposed by an employer, which in practice can be met by a smaller proportion of that ethnic group . Your employer has a responsibility to ensure as far as possible that you are not discriminated against in the course of your employment, whether by your employer, by other workers or, in some cases, by customers or clients. Since the 2nd of December 2003 it is unlawful to discriminate against workers on the grounds of religion or belief . PERS produces a leaflet which gives more information about race discrimination. Click on the publications link to view a copy. REDUNDANCYWHAT IS REDUNDANCY?Redundancy is where an employee is dismissed because:
WHAT IS A REDUNDANCY PAYMENT?If an employee is dismissed because of redundancy, he/she has the right to a payment from the employer provided that the individual has 2 or more years of continuous service. HOW MUCH IS A REDUNDANCY PAYMENT?This depends on age and length of service and is calculated on the basis of complete years of service with the employer. PERS produces a leaflet which gives more information about redundancy. Click on the publications link to view a copy. Back to topREST BREAKSWHAT IS THE LEGAL ENTITLEMENT TO REST BREAKS DURING THE WORKING DAY?If daily working time is more than six hours, adult workers are entitled to a minimum break of 20 uninterrupted minutes. They must be able to take this break away from their workstation. The breaks do not have to be paid unless the employment contract provides for this. Mobile workers are not entitled to daily breaks but should get ‘adequate rest’ as above. Young workers are entitled to a 30-minute break if working time is more than 4½ hours. Breaks can only be reduced or excluded in exceptional circumstances. Where this occurs, compensatory rest must be taken. REST PERIODS Adult workers are entitled to a minimum of 11 hours consecutive rest in each 24-hour period. Mobile workers are excluded from the usual rest period entitlement but are entitled to ‘adequate rest’ as above. Young workers are entitled to 12 hours rest in each 24-hour period. This need not be continuous, but can only be reduced or excluded in exceptional circumstances. Where this occurs, compensatory rest must be taken within 3 weeks. PERS produces a leaflet which gives more information about rest periods and breaks. Click on the publications link to view a copy. SEX DISCRIMINATIONWHAT IS SEX DISCRIMINATION?SEX DISCRIMINATION - THE LAW The Sex Discrimination Acts (SDA) 1975 and 1986 apply to both women and men. They define two kinds of discrimination direct discrimination and indirect discrimination. Sexual harassment and discrimination against pregnant workers can also be sex discrimination. Victimisation for taking action against sex discrimination at work is also unlawful. For instance, if you allege that discrimination has taken place, or give evidence to an Employment Tribunal, you are protected under the SDA. Your employer has a responsibility to ensure as far as possible that you are not discriminated against in the course of your employment. PERS produces a leaflet which gives more information about sex discrimination. Click on the publications link to view a copy. SEXUAL ORIENTATIONWHAT DOES THE SEXUAL ORIENTATION REGULATIONS DO?From 1 December 2003 the employment equality (Sexual Orientation) Regulations came into force. The Sexual Orientation Regulations make it unlawful for you to be discriminated against at work on the grounds of your sexual orientation. These regulations apply to all employment and vocational training and include recruitment, terms and conditions, promotions, transfers, dismissals and training. They make it unlawful on the grounds of sexual orientation to: · discriminate directly against anyone – that is, to treat them less favourably than others because of their actual or perceived sexual orientation;· discriminate indirectly against anyone – that is, to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified;· subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim;· victimise someone because they have made or intend to give evidence in relation to a complaint of discrimination on grounds of sexual orientation;· discriminate against someone, in certain circumstances, after the working relationship has ended.Within the Regulations, sexual orientation is defined as:Orientation towards a person of the same sex (lesbians and gay men)Orientation towards persons of the opposite sex (heterosexual)Orientation towards persons of the same sex and the opposite sex (bisexual)Your employer has a responsibility to ensure as far as possible that you are not discriminated against in the course of your employment, whether by your employer, by other workers or, in some cases, by customers or clients. The regulations however, do allow an employer to discriminate on the grounds of sexual orientation in certain circumstances. Please contact PERS for further details regarding this area. Back to topSICK PAYWHAT IS STATUTORY SICK PAY (SSP)?Statutory Sick Pay (SSP) is the money your employer has to pay you when you are off work because of illness. Almost all employees who earn £87 a week or more (from 6 April 2007) are entitled to SSP for up to 28 weeks of sickness. Your employer is legally obliged to pay you SSP if you qualify for it. In addition to SSP, you may also get contractual sick pay as part of your agreed terms and conditions of employment. Your contractual sick pay entitlement should be included in your Written Statement of Employment Particulars. HOW MUCH SSP WILL YOU GET?From 6 April 2007, providing you qualify for SSP, you will receive £72.55 per week. SSP counts as taxable earnings. However, SSP is only paid from the fourth day of sickness onwards. The first 3 days of illness are called 'waiting days' and are unpaid. These days and the days you get SSP (qualifying days) must be days you would normally work. If your working week varies, then you and your employer must agree on which are the qualifying days. PERS produces a leaflet which gives more information about sick pay. Click on the publications link to view a copy. Back to topTRADE UNIONSWHAT ARE MY LEGAL RIGHTS TO TRADE UNION MEMBERSHIP? Most workers have the legal right to join a trade union, whether you work part time or full time, in a small or large workplace, on a temporary or permanent contract, on a scheme or as an apprentice, or as a homeworker. Membership fees are usually lower for part-time workers and trainees. Your employer must not dismiss or victimise you because you belong to a union, regardless of how long you have worked there or the number of hours you work. 'Victimisation' includes any action against an employee, short of dismissal, which is designed to prevent or deter union activity. Unions have a right to information they need for collective bargaining purposes. Union representatives (or 'shop stewards') have legal rights and protection to enable them to carry out their union duties. PERS produces a leaflet which gives more information about trade unions. Click on the publications link to view a copy. |
|||||||||