Workers' Rights A guide for full-time and part-time workers - Usdaw
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Workers’ Rights
A guide for full-time and
part-time workers
#LegalPlus
Contents 1. Basic Rights for Everyone 2 2. Rights for Part-time Workers 9 3. Discrimination in the Workplace 10 4. Maternity and Parental Rights 12 5. Family Friendly Rights 16 6. Fixed-term Contracts 20 7. Sunday Working Rights 21 8. State Benefits 23 9. Usdaw’s Legal Plus – Looking After You and Your Family 24
1
Introduction
This guide to your employment and benefit rights
contains useful information for all Usdaw members.
It can’t cover everything so contact your local Usdaw
office for more information.
If you need help, contact: You will also have contractual rights
Your rep at work. in addition to these statutory rights.
These contractual rights may be better
Your Area Organiser. than the state minimums and provide
The Legal Department at better cover because of the agreements
Central Office. Usdaw has negotiated with your employer.
The rights contained in this booklet are Whatever your hours and wherever you
the basic state minimums and are called work, Usdaw will voice your concerns
statutory rights. and stand up for your rights!
Some information in this booklet will
change each year – mostly in April.
Make sure you have the latest copy.2
1 Basic Rights for Everyone
Rights from the day Itemised pay statement.
Unlawful deductions from wages.
you start work
Dismissal because of pregnancy.
You are entitled to the following statutory
rights and protection from the day you Written reasons for dismissal during
start work – it does not matter how many pregnancy/maternity leave.
hours a week you work: Time-off for antenatal visits.
Equal pay/equal value. 52 weeks’ maternity leave for all
Sex discrimination/harassment. women.
Gender reassignment discrimination. Sunday working rights.
Sexual orientation discrimination. Dismissal/victimisation for enforcing
a statutory right.
Discrimination on grounds of religion/
belief. National Minimum Wage (NMW).
Age discrimination. Time-off for holidays and breaks.
Discrimination against Dismissal/victimisation for
part-time workers. whistleblowing.
Racial discrimination/harassment. Pension Trustees victimisation.
Disability discrimination/harassment. Pregnancy and maternity discrimination.
Victimisation for trade union Marriage and civil partnership
membership/activity. discrimination.
Victimisation for health and Time-off for family emergencies.
safety activity.
Time-off for trade union activities/
duties.Legal Plus Workers’ Rights 3
Section 1 – Basic Rights for Everyone
Rights which depend Working time, breaks
on service and holidays
Most people have the following statutory
Right Service minimum rights to time-off, rest breaks
Written statement Two months and paid holiday:
of terms 5.6 weeks’ paid holiday a year (28 days
Statutory Six months for someone working a five day week).
maternity pay Part-time workers are entitled to
the same level of holiday pro-rata
Paternity leave Six months
(so 5.6 x your normal working week).
and pay
A 20 minute break when the working
Unpaid parental leave One year
day is more than six hours.
Written reasons Two years
A rest period of 11 hours between
for dismissal
working days.
Unfair dismissal Two years A ceiling of an average of eight hours’
Redundancy Two years night work in every 24 hours.
payment Free health assessment for night
Guaranteed lay-off pay One month workers.
Medical suspension pay One month A rest period of 24 hours once every
seven days.
A ceiling of 48 hours on the maximum
Statutory rights you are entitled to average working week.
fall into two categories: Usdaw collective agreements and your
– Rights which you are entitled to from contract may give you better rights to
the day you start work. holidays and breaks.
– Rights which depend on length of If your employment ends for any reason
service. including dismissal, you are entitled to
accrued statutory holiday pay.
The listed rights depend on the length
of service but it does not matter how Special rules apply to Road Transport.
many hours per week you work (see table Please refer to the Usdaw Drivers’
above). Handbook.4
Trade union rights Apprentices 19+ who are in the second
year of apprenticeship will be paid the
Everyone has: rate for their age group.
The right to join a trade union.
Usdaw believes that the National Living
The right to take advice from their Wage should be paid at 18 and not 25.
union. We do not believe a lower rate for workers
The right to participate in a trade union. under 25 is justified, when they are doing
the same job.
The right to be accompanied by a
union rep. The legal National Living Wage is not the
same as the real Living Wage, as set by
The National Minimum the Living Wage Foundation. This currently
stands at £10.55 per hour in London and
Wage and the Living Wage £9.00 per hour across the rest of the UK.
Usdaw was one of the main unions that The real Living Wage is independently
campaigned for the introduction of the calculated, and is based on the amount
National Minimum Wage (NMW) in the needed for a decent standard of living.
1980s and 1990s. It was introduced by the
The real Living Wage is voluntary, and
Labour Government in 1999 and provides
employers who agree to pay it can become
a legal safety net for the vast majority of
accredited by the Living Wage Foundation.
UK workers.
However, the National Minimum Wage is
In April 2016, the Government introduced
legally enforceable and employees can
a National Living Wage for workers aged
report their employer to the Pay and Work
25 and over, which is currently £7.83 per
Rights Helpline if they think they are
hour. Like the Minimum Wage, it is illegal
being underpaid. Employers face a fine
to pay any worker over 25 less than this
if they are found to be underpaying and
amount, per hour.
employees can claim back pay too. This
April April applies equally to the statutory National
2018 2019 Living Wage.
Aged 25 and over £7.83 £8.21 Usdaw members who have a query about
Aged 21-24 £7.38 £7.70 their pay rates should contact their
Union rep.
Aged 18-20 £5.90 £6.15
Under 18 £4.20 £4.35
Apprentices under 19 £3.70 £3.90
(or 19 and over) who
are in the first year
of apprenticeshipLegal Plus Workers’ Rights 5
Section 1 – Basic Rights for Everyone
Contract of employment 9. Pension rights.
10. Collective agreements.
Every worker has a contract of
employment. It is not always written 11. Job title/brief job description.
down in one document. Sometimes it 12. Period of employment if temporary.
is not written down at all.
13. A note specifying disciplinary
and grievance procedure.
Contract terms
The terms and conditions of your 14. Place of work.
employment may be changed by
negotiation. Many employees have Changing contract terms
better rights under their contracts than Your employer can only change your
the statutory minimums because of the contract terms if you agree.
agreements which Usdaw has negotiated. If your employer tries to force upon
Make sure you tell your Usdaw rep and you new terms which you do not accept,
negotiators what you want and give you must take immediate steps to protect
them your full support. your interests by lodging a grievance
with the employer and notifying your
Statement of written terms Usdaw rep. Changes which you have not
Every worker has the right to have agreed and that result in a cut in pay may
their main contract terms written down mean an unlawful deduction from wages.
in a statement of terms and conditions Changes in hours or shift patterns which
within two months of starting work. are particularly hard for women with
The statement must include particulars of: families to manage may be indirect sex
1. Name of employer and employee. discrimination. Changes which you have
not agreed may be a breach of contract.
2. Date employment began or when
continuous employment began. Statement of change in terms
3. Rate of pay. When any of these main terms are
4. Payment intervals. changed, your employer must provide
you with a written statement of the
5. Hours of work.
change within a month. Check any
6. Holidays and holiday pay. such statement carefully.
7. Sickness and sick pay.
8. Notice entitlement.6
Minimum period of notice What to do in cases of
If your employment is terminated you dismissal, discrimination
are entitled to the following period of paid
notice from your employer depending on
or redundancy
your length of service. Whatever your hours or your length
of service, these are the steps you
Service Notice should follow:
4 weeks to 2 years 1 week 1. Act fast
Both employment tribunal procedures
2-3 years 2 weeks
and company procedures have strict
3-4 years 3 weeks time limits.
4-5 years 4 weeks 2. Contact Usdaw
5-6 years 5 weeks Your Usdaw rep or Area Organiser
6-7 years 6 weeks will help and advise you throughout.
You have a statutory right to have
7-8 years 7 weeks an Usdaw rep with you.
8-9 years 8 weeks 3. Written reasons
9-10 years 9 weeks Immediately ask your employer for
10-11 years 10 weeks written reasons if you’re dismissed.
11-12 years 11 weeks 4. Get Usdaw legal assistance
Over 12 years 12 weeks Contact your local office and ask for a
Member Pack.
You are entitled to full pay for the 5. Follow company procedure
statutory notice period, even if you If you have a grievance about your
are off sick or on maternity leave. treatment or working conditions, you
These are the minimum periods. should send a written grievance to
Your contract may give you the right your employer. You must also follow
to longer notice. the company grievance procedure and
attend all hearings.
If you are disciplined or dismissed,
you should appeal under the
company procedure.
If you do not follow the procedures,
the tribunal can cut your compensation.Legal Plus Workers’ Rights 7
Section 1 – Basic Rights for Everyone
6. Notify Acas of intention to make a If time is running out, do it yourself
claim and send it off (keep a copy if
Contact Acas on 0300 123 11 22 to possible). The form can be changed
notify them of your intention to later but not put in late. Make sure it
make a claim and to obtain an Early goes in within the time limits (usually
Conciliation Certificate reference three months from date of dismissal).
number for your ET1. Please refer to There are three ways you can issue
our Early Conciliation Factsheet for your claim:
further information.
1. Online through the gov.uk website.
7. Get Form ET1 2. By post to the Central Tribunal
This is the Employment Tribunal Claim Office for England and Wales:
Form. You can get one from your local Employment Tribunal Office,
Jobcentre Plus Office or download one: PO Box 10218, Leicester LE1 8EG
www.gov.uk/employment-tribunals There is a different address for
/make-a-claim Scotland: Employment Tribunals
You can also make an online Central Office, PO Box 27105,
application through the website. Glasgow G2 9JR.
3. By handing in your ET1 in person
8. Send off Form ET1
at one of the designated regional
It is your responsibility to submit the offices.
ET1 claim form within the time limits.
9. Keep Usdaw informed
If we receive your completed Member
Always tell your Usdaw rep what
Pack in good time and assistance is
you’re doing. Usdaw will help at
granted the Union may be able to
each stage.
assist in drafting your ET1.8
Grievance and disciplinary
procedures
We’ll try to settle the problems using your
usual company procedures. By law, your
employer must allow your Usdaw rep
to come with you to all disciplinary and
grievance hearings.
If we can’t sort out the problem this way,
your Usdaw team will advise you about
taking the case further.
Our full-time officials (Area Organisers)
and the Usdaw Legal Department also
provide advice and representation in
employment tribunal cases.
Tribunal claims must be lodged within
strict time limits – normally three months
less one day from the date of dismissal or
cause of complaint. You are responsible
for making your claim in time, so speak to
your Usdaw rep as soon as you know you
have a problem. Make sure you always
follow the company grievance and appeal
procedures.
For help and advice about any
employment problem, you can either
contact your Union rep, call the Usdaw
Helpline on 0800 030 80 30 or visit the
Usdaw website www.usdaw.org.uk9
2 Rights for Part-time Workers
The Part-time Workers’ Regulations Auditing contract terms
prohibit discrimination against
part-time workers. Now is the time to look at your contract
of employment and works’ rules. Part-
Part-time workers must be treated no time workers should not be treated less
less favourably (on a pro-rata basis) than favourably than full-time workers.
full-time workers in all matters including: Less favourable treatment could be
Rates of pay. a breach of the Part-time Workers’
Regulations and/or sex discrimination.
Overtime.
Contractual sick pay. Take up any concerns through your Usdaw
reps. You may be able to put change on
Contractual maternity pay. the negotiating agenda, raise a grievance,
Company pensions. or take a case to an employment tribunal.
Access to training.
Part-time workers
Holidays and parental leave.
Redundancy.
and pensions
Contact Usdaw for further details on Access to a Pension Scheme
the above rights. You cannot be refused entry to your
Company Pension Scheme because
of the hours you work.
If you are, or have been in the past,
you should contact the Pensions Section
in Usdaw’s Legal Department on
0161 249 2440.10
3 Discrimination in the Workplace
The Equality Act came into force on 2. The Equality Act covers the same
1 October 2010 in England, Scotland groups of people that were protected
and Wales. by equality law before. It stops people
being unfairly treated on the following
1. In October 2010 all nine major pieces
grounds:
of equality law including the Disability
Discrimination Act and the Sex Age.
Discrimination Act were replaced by a Disability.
law called The Equality Act. Almost all
Gender reassignment (members
of what the previous laws said about
changing sex).
protection from discrimination and
rights to fair and equal treatment stay Race.
the same. This section outlines the Religion or belief.
main ways in which the Equality Act
Sex.
has changed and improved the old law.
Sexual orientation.
Marriage and civil partnership.
Pregnancy and maternity.Legal Plus Workers’ Rights 11
Section 3 – Discrimination in the Workplace
3. As well as bringing all equality laws to be under medical supervision to be
into one place and making the law protected from discrimination. This
more consistent, the Equality Act also means that a man who decides to live
strengthens rights, particularly for permanently as a woman is protected
disabled workers. See Usdaw’s leaflet even though she may decide not to
Supporting Disabled Members (leaflet undergo any medical procedures at all.
383) for more information about how 8. The Act restricts the kinds of questions
the Equality Act improves rights for employers can ask about a job
disabled members. applicant’s health or disability before
4. The Equality Act protects you from offering them a job.
being unfairly treated because you Employers are still allowed to ask
associate with a person who fits health or disability-related questions
into one of the protected groups. For before inviting someone to an
example, a parent who is harassed interview, where they relate to
because his/her son is gay will be making reasonable adjustments to
protected by the Equality Act. This is the recruitment or interview
called ‘associative discrimination’. procedure for example, or where
5. So this also gives greater protection for they directly relate to a person’s
carers, such as someone caring for a ability to carry out essential job
disabled child or relative. duties. So for example, if an
6. If you are unfairly treated at work employer were advertising for an
because someone thinks you fall HGV driver, questions concerning
into one of the protected groups an ability to be able to sit for long
of workers, even if you don’t, you periods or about any visual or
are covered by the Equality Act. For hearing impairment are still likely
example, if you are called names by a to be ok.
colleague because they think you are
disabled (even though you aren’t) or 9. Similar protection against
because they think you are a Muslim discrimination exists in Northern
(even though you aren’t) then you may Ireland but under different pieces of
be able to take action against them legislation as the Equality Act does not
under the Equality Act. This is called apply there.
‘perceptive discrimination’. For more information and publications on
7. The Act is good news for transgender discrimination, see Usdaw’s website www.
members (a person who identifies usdaw.org.uk
with a different gender from that they
were assigned at birth). Transgender
members no longer need12
4 Maternity and Parental Rights
Any Usdaw member who becomes Qualifying Service
pregnant should obtain a copy of
Maternity and Parental Rights Guide –
An advice booklet for Usdaw Members. Right Service
It contains essential information about Ordinary Maternity None
your rights and is available from your Leave
local Usdaw office.
Statutory Maternity 26 weeks
The rules are complex and it is important Pay at EWC*
that you follow them carefully.
Additional None
This section outlines the main points Maternity Leave
but you will need Maternity and Parental
Paternity Leave 26 weeks
Rights Guide – An advice booklet for Usdaw
at EWC*
Members to get the complete picture.
Parental Leave One year
Your contract of employment may give
you better maternity leave arrangements *EWC = Expected Week of Childbirth
than the statutory ones set out below.
Always check your contract terms.
Your employer should acknowledge
your notification of pregnancy in writing,
telling you:
How much leave you will get.
When it starts.
When you should return.
What maternity pay you will receive.
You should keep this letter safe. If you
disagree with any part of it,
contact your Usdaw rep.Legal Plus Workers’ Rights 13
Section 4 – Maternity and Parental Rights
Ordinary Maternity Leave
All women are entitled to Ordinary
Maternity Leave (OML) of 26 weeks
and Additional Maternity Leave (AML) of
26 weeks. It does not matter how many
hours you work or what length of
service you have.
To take advantage of OML and AML,
you must notify your employer no later
than the end of the 15th week before
the week your baby is due
(the notification week):
– That you are pregnant.
– When the expected week of childbirth
will be (your employer can request a
medical certificate).
– When you intend to start your
maternity leave (in writing, if your
employer requests).
The start of your maternity leave must
be no earlier than the 11th week before
the expected week of childbirth. Additional Maternity Leave
You can change the starting or finishing All women are entitled to 26 weeks’ OML
dates of your leave as long as you give and 26 weeks’ AML.
eight weeks’ notice.
AML begins when ordinary maternity
Your employer must notify you of the leave ends, and it runs for a further
end date of your leave within 28 days 26 weeks (giving 52 weeks’ maternity
of receiving your notification. leave altogether).
You can return to work before the
end of AML, but you must give eight
weeks’ notice.
If you cannot return on the notified
date because of illness, you will be
considered to have ended your
maternity leave but then gone on to
contractual sick leave.14
Rights when you return Statutory Maternity Pay
after maternity leave You are entitled to a maximum 39 weeks’
Statutory Maternity Pay (SMP) if:
If you take only 26 weeks’ maternity leave
you are entitled to return to the same job You have worked for your employer for
on the same terms and conditions as if you a continuous period of at least 26 weeks
had not been absent. ending with the qualifying week – that
is the 15th week before the expected
If you return to work after taking AML
week of childbirth.
and there is some reason why it is not
reasonably practical for your employer to Your average pay in the eight weeks
take you back in your original job, you are up to and including the qualifying
entitled to be offered suitable alternative week has been not less than the lower
work. earnings limit for National Insurance
Contributions, which was £116 from
If you wish to vary your working pattern
April 2018 (£118 from April 2019).
on return from maternity leave, you have
the right to request a flexible working You have properly notified your
pattern (see page 18). employer of the start date of your
maternity leave with medical
Dismissal evidence of pregnancy (for example,
a medical certificate).
You cannot be dismissed or selected for
redundancy because of pregnancy or If you qualify then the first six weeks of
maternity leave, or unlawfully denied the SMP are paid at 90% of your average
right to return. In such circumstances weekly earnings; the remaining weeks
you may claim unfair dismissal, sex are paid at 90% of your average weekly
discrimination or breach of specific earnings or the ‘standard rate’ (currently
maternity rights. £145.18 per week (£148.68 from April
2019)), whichever is lower.
If you are made redundant during
maternity leave, your employer should
give you first refusal of any vacancy/
alternative jobs.
Dismissal for exercising any of the family
friendly rights is automatically unfair.Legal Plus Workers’ Rights 15
Section 4 – Maternity and Parental Rights
Maternity Allowance
If you do not qualify for SMP, you may
get Maternity Allowance (MA) for a
maximum of 39 weeks.
In order to qualify you need to have
worked for 26 weeks of the 66 weeks
before your baby is due (this is known as
the test period). The weeks do not need to
be consecutive or for the same employer.
You do not need to work full-time as long
as you have earned an average of £30
per week.
MA is paid at 90% of your average weekly
earnings or the ‘standard rate’ (currently
£145.18 per week (£148.68 from April
2019)), whichever is lower.16
5 Family Friendly Rights
Ordinary Paternity Leave Statutory Paternity Pay
If you are a new father or the partner Ordinary Statutory Paternity Pay is paid
of the mother of a new baby and have for two weeks at a flat rate of £145.18
worked for the same employer for (£148.68 from April 2019). If you earn less
26 weeks (by the 15th week before your than the flat rate, you will be paid 90% of
baby is due) you have the right to two your average earnings instead.
weeks’ paternity leave. This right is called
To qualify you must have worked for
Ordinary Paternity Leave (OPL) and is also
the same employer for 26 weeks by the
available to same sex parents. You may
15th week before the baby is due (or if
also be entitled to Statutory Paternity Pay.
adopting by the week you are matched
This includes those adopting a child.
with the child); and
Have average earnings of £116 per week
before tax from April 2018 (£118 from
April 2019).Legal Plus Workers’ Rights 17
Section 5 – Family Friendly Rights
Shared parental leave Adoption pay is 90% of average weekly
earnings for the first six weeks and the
Under a system introduced in 2014, remaining 33 weeks are paid at a flat rate
eligible parents can choose how they of £145.18 (£148.68 from April 2019).
share care of their child in the first year To qualify you must earn not less than the
after birth. Mothers have to take at least lower earnings limit for National Insurance
the initial two weeks of leave following the Contributions; £116 from April 2018
birth. Following that they can choose to (£118 from April 2019).
end maternity leave and the parents can
opt to share the remaining leave. Parental leave
Adoption leave Both mothers and fathers of young
children have the right to take unpaid
leave to look after them. You must have
Ordinary 26 weeks paid at least one year’s service.
Adoption Leave
You can take four weeks a year, up to a
Additional 13 weeks paid/ total of 18 weeks per child.
Adoption Leave 13 weeks unpaid
You must give your employer 21 days’
Paternity Leave 2 weeks paid notice before the intended start date.
Parental Leave 18 weeks unpaid Parents must take their leave by their
child’s 18th birthday.
When a couple adopts, only one parent
has the option of ordinary and additional Dependants leave
adoption leave. The other parent may All employees are entitled to take a
take paternity leave. Both may take reasonable amount of unpaid time-off
parental leave. Both have employment to look after dependants in an emergency.
protection rights.18
The right to Flexible working includes a request to
change the hours you work, to change
flexible working the times you are required to work, or
All employees can apply to their employer to work from home.
to work flexibly. Employers have a duty to If your employer agrees to the request
consider an application seriously. for flexible working, the new working
To take advantage of this right, you must arrangement becomes a permanent
have worked for the same employer change to your contract. If you wish
continuously for at least 26 weeks. to make the flexible arrangement
temporary, you must make that clear
You cannot apply to work flexibly if and specifically agree to revert to
you have made another application in the original or other terms.
the previous 12 months. If you think you
will need more than one change in the You should discuss your request and
year ahead, build that into your request the reasons for it with your Usdaw rep
so that all phases are covered. before asking for a change, or if there
is a refusal.
You cannot apply to work flexibly
if you are an agency worker.Legal Plus Workers’ Rights 19
Section 5 – Family Friendly Rights
A tribunal cannot normally investigate
the rights and wrongs of a refusal, only
whether the procedure has been
properly followed.
Maximum compensation for a failure to
comply is eight weeks’ pay.
Flexible working rules are different in
Northern Ireland (speak to your Area
Organiser).20
6 Fixed-term Contracts
The Fixed-term Contract Regulations apply Employers can only defend differences if:
to company employees. They do not apply
They are necessary for a very
to contracted-out or agency workers used
particular reason, or
by the company.
The overall package is comparable.
Fixed-term contract staff have the right to
equal treatment with permanent staff in: You cannot be kept on a fixed-term
contract forever. After four years you
Terms and conditions. have the right to ask to be made
Training. permanent. If the employer cannot justify
the continuation of a fixed-term contract
Opportunities to seek a permanent post.
for special reasons, you should be
You have the right to ask your employer for made permanent.
written reasons explaining the differences
between a fixed-term and a permanent Failure to renew a fixed-term contract is
contract. Your employer has 21 days to classed as a dismissal and may be unfair.
reply.21
7 Sunday Working Rights
All UK shopworkers have the right to opt How to opt out of
out of Sunday working, unless they only
work on Sundays. Sunday shopwork
If you want to opt out of Sunday
Your legal rights working, for any reason, you must give
All shopworkers (except Sunday-only your employer a signed and dated written
workers), irrespective of their age or notice saying that you no longer wish to
length of service, have the right: work on Sunday.
Not to be dismissed for refusing to You do not have to give any reason.
do shopwork on Sundays. You must, if required by your employer,
Not to be selected for redundancy for continue to work on Sundays for three
refusing to do shopwork on Sundays. months, unless your Usdaw rep is able
to negotiate a shorter notice period.
Not to suffer any other detriment for
refusing to do shopwork on Sundays, Shopworkers are entitled not to be
for example denial of overtime, dismissed or suffer any detriment by
promotion or training opportunities. their employer during the notice period.
Once the notice period has ended,
You must give your you have the right not to do Sunday
employer three months’ shopwork. You are protected as an
‘opted out’ shopworker.
notice in order to ‘opt out’
This is the case unless you have been Hours of work
employed continuously as a shopworker
If you opt out of Sunday working, your
by your current employer since before
employer is under no obligation to provide
26 August 1994. In that case you need
you with alternative hours of work on
to read the following section entitled
different days. Opting out may therefore
‘Protected Shopworkers’.
result in a decrease in your weekly wage.
Ask your Usdaw rep if they will help you
to negotiate different hours.22
After opting out You can refuse to do Sunday work
whatever your contract says and
If you have opted out of Sunday working, whether or not you have done Sunday
you are able to opt back in at any time. work in the past.
However, your employer is not obliged
to give you Sunday work. You cannot be dismissed, disciplined
or treated less favourably because
You still retain the right to opt out of you refuse to work on Sunday.
Sunday working again at any time that
If you are dismissed, disciplined or
you wish, although you will need to give
treated less favourably you can bring
up to three months’ notice again.
a case to an Employment Tribunal.
Protected shopworkers For further information see Sunday
Working for Shop and Betting Workers
If you have been employed continuously – A guide to your rights (leaflet 278).
as a shopworker in England or Wales
by your current employer since before The Conservative Government’s plans to
26 August 1994 (or in Scotland since change the law on Sunday Trading were
6 April 2004), you are automatically dropped following a strong campaign
‘protected’ from being required to work by Usdaw.
Sundays.
If you have not signed an Opting In Notice,
saying that you wish to do Sunday work,
you have the following rights:23
8 State Benefits
Sick pay Universal Credit
Statutory Sick Pay (SSP) is administered Universal Credit is replacing the following
and paid by your employer. benefits:
Your contract of employment may mean Child Tax Credit.
that your employer also has to pay Housing benefit.
company sick pay in addition to SSP. Income Support.
However, SSP is the legal minimum
sickness payment and your employer Income-based Jobseeker’s Allowance
cannot pay you less. (JSA).
Income-related Employmnet and
To qualify for SSP you must normally earn Support Allowance (ESA).
not less than the lower earnings limit for
National Insurance Contributions which is Working Tax Credit.
£116 per week (£118 from April 2019). If you currently receive any of these
benefits, you cannot claim Universal
SSP is paid at the rate of £92.05 per week Credit at the same time.
(£94.25 from April 2019). You can claim
up to 28 weeks’ SSP. When it stops you Universal Credit is being introduced in
should claim other State Benefits such as stages across the UK. You do not need
Employment and Support Allowance. to do anything until you hear from the
Department for Work and Pensions (DWP)
about moving to Universal Credit, unless
you have a change in circumstances.24
9 Usdaw’s Legal Plus – Looking
After You and Your Family
Usdaw’s Legal Plus service We’ll log your call immediately, check your
membership details, register your interest
is here to help you and give you a reference number. If you
Legal Plus covers you for: want to make a claim you will be able to
speak to one of the Usdaw solicitors’ firms
Accidents, injuries and diseases. immediately and give them your details.
Accidents any time and any place in the
UK – not just at work or going to and What does Usdaw’s
from work.
Legal Plus cover?
Road traffic accidents.
Members are fully covered for:
Work-related diseases or conditions.
Any accident, anywhere in the UK, and
Slipping and tripping. now also for accidents/injuries outside
Injuries caused by violent crime or of the UK whilst on a package holiday.*
armed robbery. Members’ children, under the age of
Family members living with you are also 18, are fully covered for any accident,
fully covered if they’re injured in a road anywhere in the UK, and now also for
traffic accident. accidents/injuries outside of the UK
Fast, expert help is only a free call whilst on a package holiday.*
away – 24/7. Use FirstCall Usdaw to Other family members living in the
start the process. same household as the member are
No forms – No fuss – no delay. fully covered if they are injured in a
Call 0800 055 6333. road traffic accident.
To register a new accident, injury or
We’ll need your:
disease claim, call FirstCall Usdaw on:
Name and address. 0800 055 6333.
Phone and email contact details.
Date of birth.
*Package holiday claims means accidents, injuries
Date of the incident. or other personal injury claims covered under
the Package Travel, Package Holidays and
Usdaw membership number. This isn’t
Package Tours Regulations 1992.
essential, but can speed up the call.Legal Plus Workers’ Rights 25
2
Section 9 – Usdaw’s Legal Plus
Employment problems Free wills
Usdaw reps and officials are ready to It’s important for your family and your
help you resolve any type of employment own peace of mind that your affairs are
problem, including: in order before you die. If you want your
property to pass to the people you choose,
Redundancy.
it’s essential to make a will. Every Usdaw
Dismissal. member, and his or her partner, can
Discrimination. make a will free of charge through Usdaw
solicitors.
Contract claims.
Equal pay. New members benefit from our free
will-writing service as soon as they
Family friendly rights. join Usdaw – saving up to £200.
Part-time workers’ rights. If your affairs are especially complex, the
Unlawful deductions. solicitors may need to charge, but they’ll
discuss this with you beforehand.
Minimum wage.
To take advantage of our free will-writing
We’ll try to settle the problems using service, complete our online BL4 Form at
your usual company procedures. By law, www.usdaw.org.uk/BL4 or phone the
your employer must allow your Usdaw rep Legal Department clerical team on
to come with you to all disciplinary and 0161 249 2477.
grievance hearings.
If we can’t sort out the problem this
way, your Usdaw team will advise you
about taking the case further.
For help and advice about any
employment problem, you can either
contact your Union rep, call the Usdaw
Helpline on 0800 030 80 30 or visit the
Usdaw website www.usdaw.org.uk
Do not use FirstCall Usdaw for
employment matters.26
Conveyancing Legal Plus rules
Buying a house or a flat is a long-term You must be a member of Usdaw at the
financial commitment and may be one of time of the incident you are claiming for.
the most important steps in your life. Our
Your contributions must remain fully
Usdaw solicitors will deal with all stages
of your property transaction professionally paid-up throughout the case.
and efficiently, at favourable rates for You must co-operate with Usdaw and
Usdaw members. You’ll receive a written its solicitors and follow their advice.
quotation at the outset, so you won’t
You must not deliberately mislead or
have any unwelcome surprises.
give Usdaw and/or your representative
false information.
Free advice scheme
Your claim must not be fundamentally
Usdaw’s Legal Plus service doesn’t stop dishonest.
when you clock off work. You’re entitled
to free advice about any non-work related You must not take advice from other
legal problem. For example, you may legal advisers at the same time.
have: You will not be supported in bringing
Sorting out probate matters when cases against the Union, its reps or
someone dies can be stressful. staff, or in matters that are in conflict
Our Usdaw solicitors can provide you with the Union or its policies.
with sympathetic and professional You will not be supported if the
advice at special, flexible rates. incident/accident is a consequence of
Bought a car or a washing machine your own neglect of duty, misconduct
that simply isn’t up to standard and or criminal act.
the salesman refuses to do anything Legal help will not be granted to family
about it. members who should have been an
A dispute with your landlord, the Usdaw member.
council, or with nuisance neighbours. Cases are only supported to a trial
A matrimonial or other family problem or hearing if they have reasonable
at home, or want advice about debts. prospects of success and no reasonable
If there’s more legal work required after offer of settlement has been made.
you’ve received the solicitors’ advice, Family members must follow the
they’ll offer you special terms. same rules.
To benefit from these services, In any event, legal assistance is at
complete our online BL3 Form at the discretion of the Union.
www.usdaw.org.uk/BL3 or phone the
Legal Department clerical team on
0161 249 2477.Legal Plus Workers’ Rights 27
Section 9 – Usdaw’s Legal Plus
You’ll find these rules in detail in the Once legal assistance has been granted,
Legal Plus Members’ Handbook, which we’ll investigate your case and regularly
our solicitors give to members when review it to ensure you continue to comply
they start an injury claim. You can also with the rules and that your case still has
see the Members’ Handbook on the reasonable prospects of success.
Usdaw website.
Where assistance is granted in
employment cases members will be
sent the Employment Cases Member
Handbook. This also contains the rules
on Legal Plus.28 Notes
Legal Plus Workers’ Rights 29
Section 9 – Usdaw’s Legal Plus
NotesIf you have a problem and need help or advice or want to join
the Union, contact your Union rep
or write to
Usdaw, 188 Wilmslow Rd
Manchester M14 6LJ
(Mark the envelope for the attention of the Legal Department
for more detailed legal or pension advice.)
or ring the Usdaw Helpline
0800 030 80 30
or visit the Usdaw website
www.usdaw.org.uk/legalplus
December 2018 Published by Usdaw, 188 Wilmslow Road, Manchester M14 6LJ Lft 211You can also read
