Employers and employees have rights and should always check the rules on who qualifies for the right and the time limit which applies to it by referring to the employment legislation booklet which covers the right relevance to the circumstances.
There are normally various qualifying conditions that must be fulfilled before a particular right may be claimed. Some rights apply to all employees as soon as they start work. Others may depend on factors such as length of service and continuity of employment. The legislation excludes various groups of people from entitlement to some of the rights. Where an employment right is denied or infringed, an employee will normally be able to claim a remedy by making a complaint to an industrial tribunal or trade union. This must be done within the time limit specified for the particular right. In most cases, the time limit for a complaint is the end of a period of three months beginning with the date of the infringement of the right.
Employers must generally give employees, within two month of the beginning of the employment, a written statement of the main particulars of employment. The statement should include, amongst other things •details of pay
• notice period
• an additional note on disciplinary and grievance procedures.
Employers who, together with any associated employers, have less than 20 employees are not required to give employees a full note on disciplinary rules. Nor do they have to specify the person to whom the employee can apply if he or she is dissatisfied with any disciplinary decision or how such an application should be made. However, they must still give the name of the person to whom the employee should go with any grievance. Employees who are not provided with a written statement of employment particulars by their employer or notification of a change in those particulars, or who contest the accuracy of the written statement, may refer the matter to an industrial tribunal.
Rights of Employees
Some more rights that can be attributed to employees are:
•The Right to a Contract
The legal relationship between employer and employee is one of contract, based on common law principles. Statutes have established a number of rights of employees arising out of their employment. A contract of employment exists when an employer and an employee agree upon the terms and conditions of employment. This is often shown by the employee’s starting work on the terms offered by the employer. Both are bound by the agreed terms. A contract of employment need not be in writing, although contracts of apprenticeship must be. Most employees are entitled to receive a written statement of the main particulars of their employment. This statement is not in itself a contract but it may be used to establish what has been agreed in the contract of employment. Statutory employment rights are minimum terms. Employer and employee are free to agree better terms between themselves in a contract of employment or collective agreement. When the terms of a contract of employment are not adhered to, either the employee or the employer may have grounds to make a complaint of breach of contract.
•Itemized pay statement All employees are entitled to an individual written pay statement, at or before the time of payment. The statement must show gross pay and take-home pay, with amounts and reasons for all variable deductions. Fixed deductions must also be shown with detailed amounts and reasons. Alternatively fixed deductions can be shown as a total sum, provided a written statement of these items is given in advance to each employee at least once a year. Either an employer or an employee may refer a dispute relating to the accuracy of an itemized pay statement to an industrial tribunal. If the...