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The employment rights you didn’t know you had

Many workers, especially in non-unionised workplaces, are often not sufficiently aware of their employment rights.

How are things at work for you? — Image by © Tim Sandle.
How are things at work for you? — Image by © Tim Sandle.

Dealing with problems at work? In the UK, despite the past 14 years of a government not known for its interest in the rights of workers, receive reasonable protection for employees is provided through employment laws.

However, many workers, especially in non-unionised workplaces, are often not sufficiently aware of their employment rights.

Lisa Branker, employment law specialist at Beecham Peacock, has told Digital Journal about some of Britain’s most-searched questions on employment. This information may help readers facing similar situations to uncover their employment rights.

Bullying at work (4,400 monthly searches)

With 4,400 people searching for “bullying at work” each month, workplace bullying seems to be a common problem in the UK. Bullying and harassment can be categorised as behaviour that makes someone feel intimidated or offended.

Branker comments: “If you feel this is happening to you, you should consider raising a grievance.”

What is the law for work breaks? (2,400 monthly searches)

2,400 people across the UK are searching for this every month, suggesting thousands of people are missing out on their work breaks. Often, this is the case in roles within the service sector, such as working in a bar, club or restaurant. However, just because these areas are fast-moving and consumer-facing, it does not mean you should miss out on a break.

Branker explains that if you are aged over 18, you’re entitled to a 20-minute break if you work over six hours. You also have the right to an 11-hour break between shifts – that is, if you finish at 8pm, you shouldn’t start your next shift until at least 7am the following morning. You’re also entitled to 24 hours a week of uninterrupted rest.

“The Working Time Regulations govern the rest breaks you are entitled to, and how compensatory rest breaks may sometimes be permitted if you can’t take your breaks at the specified times” explains Branker.

“Not all breaks are paid” she adds, “and you should check your contract, staff handbook or policies for more information on this”.

What is a constructive dismissal? (1,900 monthly searches)

A constructive dismissal occurs if an employee has been forced to leave their job because of their employer’s conduct. Usually, this takes place in the form of a breach of a fundamental contract right. It can also occur where an employee has lost trust and confidence in their employer.

A constructive dismissal, Branker outlines, can take place after one significant breach of contract or a series of smaller incidents that taken together make you feel you have no other option than to leave employment.

Do you have to work your notice? (1,000 monthly searches)

“Usually, your notice period depends on the contract you’ve signed. If your contract is silent on this point, the statutory position is that if you’ve worked at the company for longer than one month, you’re typically required to work a notice period of at least one week for each full year you have worked” advises Branker.

She adds that an employee may be able to negotiate a shorter notice period or be asked not to attend work during your notice period (known as garden leave). They may also, where permitted, be paid but not required to work during your notice period. This is known as payment in lieu of notice.

Can my employer reduce my hours? (210 monthly searches)

A commonly-asked question on Google, there are 210 people searching for this every month across the UK.

Branker advises people to check their contracts to see whether there is a provision to allow your employer to amend your working hours – the type of contract you are on and the terms of the contract will govern whether you are entitled to fixed or variable hours.

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Written By

Dr. Tim Sandle is Digital Journal's Editor-at-Large for science news. Tim specializes in science, technology, environmental, business, and health journalism. He is additionally a practising microbiologist; and an author. He is also interested in history, politics and current affairs.

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