Piotr
My new employer is really supportive. I can speak to her about any problem, but I wasn’t so lucky in the past. My old boss couldn’t afford to pay me but insisted that I carry on working! Citizens Advice helped me to fight for my rights.
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Scroll down the page to view the next sections: 'What are my rights?' and 'Get support & advice'.
Key information
1. Know your rights and reflect on whether your employer is respecting them
Some people who are new to the UK can get mistreated by their employers, as they are less likely to know their rights or ask for help. There are local and national organisations listed in this section, who can help you better understand your rights and what to do if they are breached.
2. Speak to your employer to resolve a problem at work - if this doesn’t work, get further support
It may be a simple misunderstanding that can be easily resolved with your employer, or you may together make a plan for the correct action to be taken:
- Check if the relevant people follow up on what they have promised
- If the problem has not been resolved, get help from a local organisation (listed in this section)
3. Every employee working in the UK has a number of rights regardless of the type of work or contract
Your rights will vary depending on the type of work contract you have, but all employees have the right to:
- Earn at least a minimum hourly wage
- Get a minimum amount of time off
- Get rest breaks at work
- Work in a safe and healthy environment
- Not be discriminated against for any reason e.g. gender, race
4. You should not be exploited or abused at work - it is illegal and you can get help
If you are feeling threatened and think your rights are being abused, for example you are not getting paid for additional hours of work, you should get help immediately:
- Get in touch with organisations listed in this section that provide support in the workplace - their advice is free and confidential
5. You should have a work contract and receive payslips no matter what type of work you do
- Contract - a document of terms and conditions that you must read carefully and sign. You should ideally get this before you start work, but legally it must be provided within two months of your start date.
- Payslip - a document that shows your hours worked, the hourly rate, your earnings during the pay period, and deductions such as taxes
6. People with a ‘zero hours’ contract get fewer benefits and rights
Many drivers and delivery persons have a ‘zero hours’ contract. This is when an employer doesn’t have to provide minimum working hours, and the person doesn’t have to accept work that is offered. For example, they are entitled to:
- Sick pay, but don’t usually meet the minimum working hours to be eligible
7. People with a temporary (agency) contract get fewer benefits and rights
This is when an employee carries out temporary work for an organisation, such as being employed for ad-hoc events.
- They do not usually get redundancy pay
- Other rights are difficult to uphold based on the nature of the work
What are my rights?
Every employee in the UK has basic rights regardless of the type of work or contract. Further benefits and entitlements will depend on their work contract - here we expand on the main ones.
- Take action if you think your rights are being breached - get in touch anonymously with a local support organisation listed in the next section
Your rights explained
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You have a number of rights regardless of the type of work or contract
These include:
- Earning at least a minimum hourly wage
- Getting a minimum amount of time off
- Getting rest breaks at work
- Working in a safe and healthy environment
- Not being discriminated against for any reason e.g. gender, disability, race
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You must at least be paid the National Minimum Wage
It is illegal for an employer to pay less than the minimum wage, regardless of the type of work or contract. Younger employees receive a lower wage:
- For people over 25 years - £8.72 per hour
- For people aged 21-24 years - £8.20 per hour
- For people aged 18-20 years - £6.45 per hour
- For people aged under 18 years - £4.55 per hour
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You may be entitled to sick pay
Most employers will allow a certain number of days for you to take as paid ‘sick days’ throughout the year
- If you are sick for four or more days in a row, you may be entitled to ‘Statutory Sick Pay’, where your employer must pay you a certain amount of sick pay even if you work part-time or have a zero-hours contract
- Check your contract to learn about your entitlement
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You may be entitled to holiday pay
Most employers will allow a certain number of days for you to take as paid ‘holiday days’ throughout the year. This includes those who have a zero-hours or temporary/ agency contract.
- If you work full-time - you should get at least 28 ‘holiday days’, including eight public holiday days
- If you work part-time - multiply the number of days you work each week by 5.6 to calculate the number of holiday days you are entitled to in a year
Check your contract and payslip
Your employer must provide you with a contract and payslips no matter what type of work you do. Check these documents carefully to ensure you are being treated fairly and getting paid the right amount. You can get help from a local organisation listed in the next section to understand difficult terms and get familiar with your rights.
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Ensure you have a work contract and read it carefully before you sign
This is a document containing the terms and conditions of your work. You should ideally get this before you start work, but legally it must be provided within two months of your start date. It will include:
- The number of hours you are expected to work
- The amount you will be paid
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Ensure you receive payslips and check that your salary and taxes are correct
A payslip is a document that should be provided with each payment you receive from your employer. It will detail:
- How much you have earned - hourly and total pay, and the hours you have worked
- What deductions have been made - such as taxes, ‘National Insurance’ contributions and pension
Get support & advice
There are local organisations who offer free and confidential help to understand your rights, and resolve a problem in the workplace.
Further support is available from national organisations, such as:
- Advisory, Conciliation and Arbitration Service (ACAS) - by calling their free helpline (0300 123 1190) or browsing their online information here