An employee is defined as an individual who has entered into or who works under a Contract of Employment. Arising from this status as an employee, a large number of statutory rights have developed. These are:

  • Continuity of employment on the transfer of an undertaking
  • Equality for fixed term employees
  • Guarantee payments
  • Itemised pay statements
  • Maternity, adoption and paternity rights
  • Minimum periods of notice
  • Not to suffer unlawful deductions from wages
  • Parental rights
  • Medical suspension payments
  • Redundancy rights
  • Flexible working
  • Statutory sick pay
  • Time off during working hours
  • Unfair dismissal protection
  • Written statement of the main terms and conditions of employment
  • Written statement of the reasons for dismissal

A worker is defined as either an employee working under a Contract for Employment or someone who works under a contract other than a Contract of Employment and is offering his personal service in return for remuneration to the employer who is not his/her client or customer. These contracts are commonly called Contracts for Services and such workers are often referred to as non-employee workers.

In addition to the statutory rights which apply to employees all workers have a set of main worker statutory rights for which there are no qualifying periods of service necessary before the worker benefits from the rights. These rights are:

  • Breaks and rest periods
  • Equal pay
  • Equality for part-time workers
  • Health and safety rights
  • National Minimum Wage requirements
  • The right not to be discriminated against on the grounds of:
    - Age
    - Disability
    - Race
    - Religion or belief
    - Sex or sexual orientation
  • Paid annual leave
  • The right not to suffer detriment for inadmissible reasons
  • The right to be accompanied at discipline and grievance hearings
  • The right to take part in Trade Union activities
  • Public interest disclosure (whistle blowing) protection

 

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