| Frequently Asked Questions
PERS
produces and distributes a number of 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
National
Minimum Wage
DISMISSAL
WHAT 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. A copy can be
downloaded here.
WHAT DOES THE DISABILITY DISCRIMINATION
ACT DO?
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 here
to view a copy.
WHAT 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 here to view a copy.
IS THERE A 'STANDARD LEAVE'
ENTITLEMENT?
Workers have the legal entitlement
to MINIMUM paid holidays each year under the Working Time Regulations.
From April 09, workers are entitled to 5.6 weeks paid holiday
per year (this may differ for workers who work more than five days a week,
to see our holiday leaflet for more details click here).
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 28 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 here
to view a copy.
WHO QUALIFIES FOR MATERNITY
LEAVE?
All
pregnant employees are entitled to take 52 weeks' statutory maternity
leave around the birth of their child, regardless of their length of service.
While you are on 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
PERS leaflet, Maternity and Paternity Rights, for further information.
Click here to view a copy.
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NATIONAL
MINIMUM WAGE
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 2009)
* £5.80 - the
main rate for workers aged 22 and over
* £4.83 - the 18-21 rate
* £3.57 - the 16-17 rate for workers above school leaving age but
under 18
PERS produces a leaflet which
gives more information about the National Minimum Wage.
Click here to view a copy.
DEDUCTIONS FROM YOUR PAY
All 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 INSURANCE
Entitlements
If 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 2010, the 'Lower
Earnings Limit' is £97 per week.
Payments
You do not start paying NI
contributions until you earn above the 'Earnings Threshold'. From
6 April 2010this is £110 per week. This means that from
6 April 2010you will pay NI contributions on your weekly earnings
as follows:
Up to £110.00: No contribution
£110.01 - £844.00: 11p in
every £1
Over £844.00: 1p in every
£1
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 HM
Revenue & Customs 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.
Most
people under 65 are entitled to a Personal Tax Allowance of £6475
a year. (People aged 65-74 have a tax allowance of £9490 per
year.)
You will not pay income tax if you earn below this level.
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.
PERS
produces a leaflet on Tax & National Insurance which
gives more information. Click here to view
a copy.
WHAT
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 here
to view a copy.
WHAT 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 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 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 here to view a copy.
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WHAT IS REDUNDANCY?
Redundancy
is where an employee is dismissed because:
- the employer closes
down the business, or
- the employer closes
down the employee's workplace, or
- there is a diminishing
need for employees to do work of a particular kind.
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 here
to view a copy.
WHAT 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 factsheet
which gives more information about rest periods and breaks. Click
here to view a copy.
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WHAT 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 here
to view a copy.
SEXUAL
ORIENTATION
WHAT DOES THE SEXUAL ORIENTATION
REGULATIONS DO?
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.
Click
here to view our factsheet on Sexual Orientation
Discrimination.
WHAT
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 £97 a week or more (from
6 April 2010) 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 2010, providing
you qualify for SSP, you will receive £79.15 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 here
to view a copy.
WHAT 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 here
to view a copy.
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