Employment Law: the Basics

3. Employee Rights

Employees have some rights which are implied (but not spelt out) in their contracts. They also have rights which the contract cannot override.

3.1 Employers must not take any action which might undermine the relationship of 'trust and confidence' with their employees.

• Employees have reciprocal obligations to serve the employer honestly and faithfully and to work with due diligence and care.

3.2 Employers must provide a secure, safe and healthy working environment.

3.3 Employees have the right to belong (or not to belong) to a trade union.

• Unions must be recognised (in businesses with 21 or more employees) where a specified percentage of the workforce votes for recognition.

3.4 Employees are entitled to a reasonable degree of privacy.

• In particular, the circumstances under which employers may monitor phone calls, emails or internet use are regulated under the Data Protection Act and the Regulation of Investigatory Powers Act.

3.5 Employees are entitled to protection against discrimination (see 4).

3.6 Employees are entitled to blow the whistle on their employer's wrongdoings.

• If they are subsequently sacked or demoted, they can sue for full compensation - there is no monetary limit - for any losses incurred.

3.7 Each employee must get a pay statement.

• This must show total gross pay, deductions and net pay.
• Deductions (eg pension contributions and union subscriptions) must be itemised.

3.8 All employees with more than one month's service are entitled to a notice period.

• The statutory minimum is one week (after one month's service), rising to two weeks after two years, with a maximum of 12 weeks after 12 years.

3.9 Most employees are entitled to keep their jobs even if the business changes hands.

• In most cases, sackings would constitute unfair dismissal under the TUPE Regulations.

3.10 Employees are also entitled to have discipline and grievance issues dealt with using 'fair and reasonable' procedures. See the Acas Code of Practice at www.acas.org.uk/index.aspx?articleid=2174.