3.1 INTRODUCTION

• Key employee rights covered include written particulars, itemised pay statements, guarantee payments, medical suspension, time off, maternity rights, redundancy, SSP, family-friendly provisions, notice, employee involvement, wages, minimum wage, agency workers, pensions, working time, and disciplinary/grievance procedures.
• The training material states that these rights apply to both full-time and part-time workers, and employers must not treat part-time workers less fairly.

3.2 WRITTEN PARTICULARS OF TERMS OF EMPLOYMENT

• The contract of employment comes into existence when an offer of employment is accepted.
• Written particulars of the employment terms must be provided no later than the beginning of employment.
• The requirement applies irrespective of the number of hours worked.
• Information includes: identity of employer and employee; job title; continuous employment; start date and expected duration; place of work; probationary period; pay arrangements; working hours and holidays; sick pay/leave and pensions; notice periods; disciplinary rules and grievance procedure.
• Any changes to terms should be amended and reissued immediately or as soon as possible.
• TUPE can preserve existing terms and continuity of service when a business and its employees transfer to another employer; the source notes an exception where contracts have already ended through liquidation.

3.3 ITEMISED PAY STATEMENT

• Workers are entitled to a detailed statement showing gross pay, fixed and variable deductions, and net pay.
• If pay varies according to hours worked, the statement must show the total number of hours paid.
• Details of fixed deductions and their purpose need not appear on every statement if a written statement is issued at least annually.

3.4 GUARANTEE PAYMENTS

• An employee with at least one month’s service who is available for work but has no work provided is entitled to a guarantee payment.
• Training material limit: normal wages up to £30 per day for a maximum of 5 workless days in any 3-month period.

3.5 MEDICAL SUSPENSION

• Certain workers may be medically suspended on a preventive basis because of risks such as chemicals, radiation or lead.
• With at least one month’s service, the worker is entitled to a week’s pay for each week of medical suspension.
• Training material maximum: 26 weeks.

3.6 TIME OFF FOR TRADE UNION DUTIES

• Recognised trade union officials/shop stewards are entitled to reasonable time off during working hours with pay for specified duties.
• Examples include negotiations on terms and conditions, discipline and dismissal.
• Time off with pay can also apply to approved training connected with those duties.

3.7 TIME OFF FOR TRADE UNION ACTIVITIES

• Members of a recognised independent trade union may take time off during working hours to participate in union activities such as meetings.
• The legislation and ACAS Code do not require the employer to pay employees for this time.

3.8 TIME OFF FOR PUBLIC DUTIES

• Reasonable time off is available for specified public duties, including duties as a Justice of the Peace, local councillor, relevant health authority member, Environment Agency member, education body member, statutory tribunal member or prison board visitor.
• The legislation does not generally require the employer to pay for this time.
• Jury service is a legal obligation rather than a general employment right.

3.9 MATERNITY RIGHTS

3.9.1 Statutory Maternity Pay

• • SMP is paid by the employer, with the employer reclaiming the money through National Insurance arrangements as described in the training material.
  • Maximum SMP period in the material: 39 weeks.
  • Higher rate: first 6 weeks; lower rate: next 33 weeks.
  • Key eligibility condition stated: 26 weeks’ continuous employment before the qualifying week.
  • Qualifying week occurs 15 weeks before the expected week of childbirth.

3.9.2 Maternity Leave

• • Maximum maternity leave stated: 52 weeks for all employees, irrespective of length of service or hours worked.
  • During maternity leave, employment terms and conditions are retained except pay, including non-pay benefits described in the material.
  • On return, the employee should preferably be reinstated in the previous job; if not reasonably practicable, suitable alternative work should be offered on no less favourable terms.

3.9.3 Maternity Leave – General Provisions

• • Up to 10 Keeping in Touch (KIT) days may be worked by agreement during maternity leave.
  • Maternity leave does not break continuity of employment for service-based rights such as notice and redundancy pay.
  • The material states a minimum 2-week compulsory maternity leave period from childbirth.

3.9.4 Time Off for Ante-Natal Care

• • Pregnant employees are entitled to reasonable time off with pay during working hours for ante-natal care, regardless of length of service.
  • The employer may request appropriate evidence of pregnancy and the appointment.
  • Partners of pregnant women are entitled to unpaid time off for up to two antenatal appointments.

3.10 “FAMILY FRIENDLY” PROVISIONS

• Paternity leave: material states up to 2 consecutive weeks of paid leave, subject to the stated qualifying conditions.
• Parental leave: up to 18 weeks’ unpaid leave per child, cumulative and available up to the child’s 18th birthday; the material states one year’s qualifying service.
• Shared Parental Leave (SPL): maternity/adoption leave may be curtailed and the remaining entitlement shared with the partner/other parent.
• Material states 39 weeks of SPL paid and the remaining 13 weeks unpaid.
• SPL can be taken consecutively or concurrently within the jointly available total.
• At least 8 weeks’ notice is required when moving to SPL as described in the material.
• Each parent has 20 SPL KIT days, in addition to the mother’s 10 maternity KIT days.
• Time off for dependants: reasonable unpaid time off for family emergencies, regardless of length of service.
• Parental bereavement: material states 2 weeks’ leave following qualifying loss of a child; qualifying service applies for bereavement pay.
• Flexible working: the material states employees with at least 26 weeks’ service may request flexible working; employers must meet, consider the request and implications, and give the decision in writing.

3.11 REDUNDANCY PAYMENTS

• Employers proposing 20 or more redundancies at one location within 90 days must consult appropriate representatives.
• Where a recognised trade union exists, consultation is with union representatives; otherwise, employee representatives may be used.
• 20–99 redundancies: consultation must begin at least 30 days before the first dismissal.
• 100 or more redundancies: consultation must begin at least 45 days before the first dismissal.
• Fewer than 20 redundancies: the material states no formal consultation with trade union/employee representatives is required.
• For 20 or more proposed redundancies, the employer must also notify the Secretary of State; the material gives the same 30/45-day periods.
• Statutory redundancy payment requires at least 2 years’ service, provided the other stated conditions are met.
• Training material weekly earnings cap: £538.
• Maximum service counted: 20 years.
• Age 41+: 1½ weeks’ pay for each full year of service.
• Age 22–40: 1 week’s pay for each full year.
• Age 21 or below: ½ week’s pay for each full year.
• An employee with at least 2 years’ service who receives redundancy notice is entitled to reasonable paid time off to look for work.
• Alternative job trial: the material states a maximum 4-week period to decide whether to accept the new job or redundancy.

3.12 STATUTORY SICK PAY

• A sickness absence is referred to as a Period of Incapacity for Work (PIW).
• A PIW cannot be formed until absence has lasted at least 4 consecutive days.
• SSP is payable only on qualifying days—the employee’s normal working days.
• The first 3 qualifying days are waiting days and are not paid under the material.
• Employees should notify the employer of sickness; self-certification may be used for absences up to 7 days, with a medical certificate for longer absences.
• PIWs are linked when they are not separated by more than 56 days.
• Maximum SSP entitlement stated: 28 weeks in a single or linked PIW.
• After entitlement is exhausted, the material states SSP can be renewed after the employee has returned to work for at least 56 days.

3.13 MINIMUM PERIODS OF NOTICE

• Employer minimum notice in the material: less than 1 month – nil; 1 month to under 2 years – 1 week; 2 to under 12 years – 1 week per complete year; 12 years or more – 12 weeks.
• An employee with at least 1 month’s service must give 1 week’s notice unless the contract provides otherwise.
• Employers may provide more generous notice but not less than the stated statutory minimum.

3.14 EMPLOYEE INVOLVEMENT

• Companies employing an average of more than 250 employees in a financial year must include a statement of employee involvement in the annual report, according to the material.
• Companies employing 50 or more employees must be prepared to enter into agreements with their workforce and create information/consultation structures.

3.15 FORM OF PAYMENT OF WAGES

• The Wages Act 1986 removed the right for manual workers to be paid in current coin of the realm.
• The method of wage payment is a matter for agreement between employer and employee.

3.16 MINIMUM WAGE

• The National Minimum Wage Act 1998 introduced a guaranteed minimum wage.
• Different minimum hourly rates apply according to age and category.
• The training material gives historical April 2021 examples: age 18–20 £6.56; age 21–22 £8.36; National Living Wage age 23+ £8.91.
• These figures are historical training-material figures and should not be treated as current rates.

3.17 AGENCY WORKERS

• Three parties: agency, hirer and worker.
• Agency workers must receive the same access to facilities such as canteens and toilets as directly employed staff from day one.
• After 12 weeks in the same job with the hirer, the worker is entitled to the same basic employment terms as comparable directly employed staff.
• This includes major areas such as pay, working hours, night work, rest and holidays.

3.18 PENSIONS

• Employers must give employees the opportunity to join a qualifying workplace pension scheme.
• The material states automatic enrolment applies to eligible workers aged 22 to State Pension age earning above the stated earnings thresholds.
• Employer responsibilities include calculating and paying employer contributions, deducting employee contributions, monitoring age/earnings changes and re-enrolling eligible staff every 3 years.
• Records include scheme member details, pension payments, requests to join/leave, and scheme reference information.
• Training material record-retention periods: 6 years generally; 4 years for requests to leave.
• The material states enforcement may progress from a Statutory Notice to a £400 fixed penalty and then an escalating daily penalty of up to £10,000 depending on staff numbers.

3.18 Pensions – Main Sources

• State pension.
• Occupational/workplace pension.
• Personal pension.
• Stakeholder pension.

3.19 WORKING TIME

• Transport drivers have specific working-time rules dealt with separately in the training material’s Drivers’ Hours module.
• For other workers, the material states an average maximum working week of 48 hours over a 17-week/4-month reference period.
• For shifts of 6 hours or more: minimum 20-minute break, away from the workstation.
• Daily rest: 11 consecutive, uninterrupted hours in each 24-hour period.
• Weekly rest: at least 24 hours during each 7-day period.
• Night work: defined in the material as a 7-hour period including midnight to 5 a.m.
• Night workers should not work more than 8 hours in a 24-hour period, averaged over the stated reference period.
• Annual holiday: 5.6 weeks/28 days paid holiday, including public/bank holidays, according to the material.

3.20 DISCIPLINARY AND GRIEVANCE PROCEDURE

• The Employment Act 2008 and ACAS Code provide the basic framework described in the material.
• The employer should provide a written statement of the allegations and invite the employee to a meeting.
• The employee has the statutory right to be accompanied by a chosen representative, such as a work colleague or trade union official.
• The employer must decide on appropriate disciplinary action and communicate the decision before action is taken.
• The employee must be allowed an appeal, preferably to a more senior manager, with the right to be accompanied again.
• Failure to follow the ACAS Code may result in additional financial penalties if the matter reaches an Employment Tribunal.