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Rights at work
Most people are entitled to certain statutory rights, although often qualifying conditions must be fulfilled before a right may be claimed. Some rights apply to all employees as soon as they start work; others depend on factors such as length of service, continuity of employment and activities in addition to the job (eg union work). Most rights apply only to employees but some apply to wider groups of workers.
Employers and employees are free to agree better terms than those required by legislation as part of their contract of employment. An employment contract is an agreement entered into by an employer and an employee under which they have certain mutual obligations.
Employers must give employees a written statement of the main particulars of employment within two months of the beginning of the employment. It should include, among other things, details of pay, hours, holidays, notice period and an additional note on disciplinary and grievance procedures.
If employers and employees have a dispute about any of statutory rights listed they have the following options:
- Resolve the dispute: Employees should always try to resolve a problem with their manager or employer first, through the organisation's grievance procedure. If an employee complains about a grievance to an employment tribunal, it is recommended that they inform their employer in advance in writing. While there is no legal requirement to do this, failure to do so may be viewed negatively and effect the reward at Employment Tribunal. Both sides can also come to Acas for advice, either through the Helpline or a conciliator.
- An employee can make a complaint to an employment tribunal if he or she believes an employment right has been denied or infringed. In most cases people who have been treated detrimentally for exercising their rights can also complain to a tribunal. Complaints normally must be made within three months of the date of the alleged infringement. For nearly all types of complaint, once an application is received an Acas conciliator will contact both parties to see if a settlement can be reached before the case reaches a hearing.
- Acas Arbitration Scheme: For cases of alleged unfair dismissal and complaints under the right to request flexible working only, both parties can choose to have their case heard by an independent arbitrator appointed by Acas. The hearing is private, informal, non-legalistic, quick and confidential and the arbitrator's decision final. The remedies are the same as through an employment tribunal.
- A tribunal can make various remedies and awards depending on the type of case. For example, if the tribunal decides an employee has been unfairly dismissed, the remedy could be re-instatement, re-engagement or monetary compensation. Costs can also be awarded. A tribunal hearing is public.
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