Employment is a two way relationship. You and your employer both have rights and responsibilities at work, often required by law. Read on to see where you stand!
Let’s dive into your rights and responsibilities at work and how they affect you.
Correct employment classification
There are different classifications of jobs in the UK. You will be classified as either an employee, a worker, or self-employed. It is your employer’s responsibility to classify you correctly, and yours to speak up if you think you are in the wrong category.
- Employees work regularly and can expect work to be consistently available. They cannot refuse to do the work and are likely to have a manager, boss, or supervisor overseeing them. Almost everyone who works for a company full time (or on set part-time hours) will be classed as an employee.
- Workers might work less structured or more casual hours. They may not be offered regular contracted hours and are not generally expected to make themselves available for work during specific hours. Agency workers, casual staff, and those on zero hours contracts are likely to be classed as workers.
- Self-employed people work for themselves and may contract their services out to multiple different clients. They are responsible for setting their own work hours and filing their own tax returns, and usually invoice for work completed instead of receiving a regular wage. Freelancers and contractors are considered self-employed.
Health and safety at work
Your employer is responsible for ensuring you have a safe working environment and everything you need to protect your health and safety while at work. If you become sick or injured as a result of your job, you may be able to take legal action against your employer if you can prove that they were negligent.
Your employer must provide you with any equipment you need to do your job safely as well as training you appropriately. They must carry out risk assessments, document their findings, and take all reasonable steps to mitigate risks. They should have appropriately stocked first-aid kits and information for all employees on first-aid arrangements. In most cases, they are also required to have workplace liability insurance. The Health and Safety Law poster must be displayed.
If your employer has ten or more employees, they must keep an accident book and certain incidents have to be reported. There are special rules in place for working with display screen equipment, hazardous substances, electricity, or working alone.
As an employee, you also have some responsibilities. You are responsible for taking reasonable care of your own health and safety and that of others around you. This includes taking part in any training, following all instructions, and using equipment correctly. It also includes speaking up if you see something that doesn’t look right and reporting any accidents or near misses according to the law and your workplace’s policies.
Requesting flexible working
If you have worked for your employer for at least 26 weeks (half a year), you are entitled to request flexible working. You can request this once per year and should make the request in writing.
Flexible working might include changing from full time to part time work, changing the hours you work, working from home some or all of the time, compressing your hours into fewer days, or flexing your schedule to fit around your children or other caring responsibilities.
If your employer agrees to your request, they must provide you with an updated contract to reflect these changes. If they refuse, they must explain the business reason for the refusal. In some circumstances, it might be possible to agree to a temporary change (for example, changing your hours for six months while you care for a family member during illness).
Your employer cannot discipline you for requesting flexible working, reduce your pay except on a pro-rata basis if you are working fewer hours, or remove other benefits that are part of your employment.
Disciplinary procedures
Disciplinary procedures refer to what your employer will do if there are problems with your work or conduct in the workplace. You have a right to know and understand the disciplinary processes that will apply to you in the event of any issues. They should be available in writing to all staff.
If a problem is small, your boss should raise it with you informally first. If this doesn’t resolve the problem or if the issue is more serious, your employer can then move forward with their disciplinary procedure.
The process should usually follow this pattern:
- A letter explaining the issue to you.
- A meeting to discuss the problem and see if a resolution can be met.
- A decision as to what will happen next. This might include a formal warning, suspension, dismissal, further training, or no further action.
- A chance for you to appeal if you are unhappy with the decision.
Your employer has a responsibility to communicate with you at every stage of the process and ensure you understand what is happening and why. You have a right to have someone with you, such as a colleague or trade union representative, during a disciplinary hearing.
You have a responsibility to make sure you understand your employer’s disciplinary and grievance processes and ask for clarification if you do not. You also have a responsibility to engage with the process to the best of your ability and follow any agreed terms that are laid out following the disciplinary process.
Dismissal
If your employer wants to dismiss you, they have to follow certain rules. They must have a valid and justifiable reason and be able to show that dismissal is a proportional response in the circumstances.
As long as you have been an employee for at least two years, you are entitled to a written statement of the reasons for your dismissal within 14 days of requesting it. Under certain circumstances you can be dismissed immediately (this is usually in instances of gross misconduct such as theft or violence), but otherwise your employer must give you notice as specified in your contract. The statutory minimum notice period is one week as long as you have been employed for at least a month.
Dismissal doesn’t always mean you have done something wrong. Other reasons can include:
- Redundancy (where the employer can show that your role is no longer needed).
- Illness, if all reasonable adjustments have been made and it is impossible for you to continue in your job.
- It’s impossible to carry on employing you. One example might be that a business or branch goes bust and can no longer employ anyone.
Your employer is responsible for ensuring your dismissal is fair. If you feel it is not, you can complain to an employment tribunal and challenge them within three months of being dismissed.
Reasons for unfair dismissal might include:
- Standing up for your legal working rights (for example, refusing to give up legally allowed rest breaks).
- Asking for flexible working.
- Any reason related to a protected characteristic in the Equality Act 2010.
- Taking part in legal industrial action or other legal trade union activity.
- Taking leave you are entitled to (e.g. maternity or paternity leave).
- Exposing wrongs in the workplace (this is called “whistleblowing”).
- Taking action or refusing to take an action on health and safety grounds.
If you believe you have been dismissed unfairly, contact your trade union representative or an employment lawyer as soon as possible.
Do you have questions about your legal rights and responsibilities at work?
If you have a question about your workplace rights and responsibilities under the law, see the latest government information. We might even answer your questions in a future article!
