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
in addition to these statutory rights.
Your rep at work.
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
Head Office. Usdaw has negotiated with your
employer.
The rights contained in this booklet are
the basic state minimums and are Whatever your hours and wherever you
called statutory rights. work, Usdaw will voice your concerns
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.
you start work Unlawful deductions from wages.
You are entitled to the following Dismissal because of pregnancy.
statutory rights and protection from the Written reasons for dismissal during
day you start work – it does not matter pregnancy/maternity leave.
how many 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
Discrimination on grounds of a statutory right.
religion/belief. National Minimum Wage (NMW).
Age discrimination. Time-off for holidays and breaks.
Discrimination against part-time Dismissal/victimisation for
workers. whistleblowing.
Racial discrimination/harassment. Pension Trustees victimisation.
Disability discrimination/harassment. Pregnancy and maternity
Victimisation for trade union discrimination.
membership/activity. Marriage and civil partnership
Victimisation for health and safety discrimination.
activity. Time-off for family emergencies.
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
Right Service statutory minimum rights to time-off,
Written statement Two months rest breaks and paid holiday:
of terms 5.6 weeks’ paid holiday a year (28
Statutory Six months days for someone working a five day
maternity pay week).
Part-time workers are entitled to
Paternity leave Six months
the same level of holiday pro-rata
and pay
(so 5.6 x your normal working week).
Shared parental leave Six months
A 20 minute break when the working
and pay
day is more than six hours.
Unpaid parental leave One year
A rest period of 11 hours between
Written reasons Two years working days.
for dismissal A ceiling of an average of eight hours’
Unfair dismissal Two years night work in every 24 hours.
Redundancy Two years Free health assessment for night
payment workers.
Guaranteed lay-off pay One month A rest period of 24 hours in a seven
day period.
Medical suspension pay One month
A ceiling of 48 hours on the
maximum average working week.
Statutory rights you are entitled to Usdaw collective agreements and your
fall into two categories: contract may give you better rights to
– Rights which you are entitled to from holidays and breaks.
the day you start work. If your employment ends for any reason
– Rights which depend on length of including dismissal, you are entitled to
service. accrued statutory holiday pay.
The listed rights depend on the length Special rules apply to Road Transport.
of service but it does not matter how Please refer to the Usdaw Drivers’
many hours per week you work (see Handbook.
table above).4
Trade union rights Apprentices 19+ who are in the
second year of apprenticeship will be
Everyone has: paid the rate for their age group.
The right to join a trade union. The legal National Living Wage is not
The right to take advice from their the same as the real Living Wage, as set
union. by the Living Wage Foundation. This
The right to participate in a trade currently stands at £10.85 per hour in
union. London and £9.50 per hour across the
rest of the UK. The real Living Wage is
The right to be accompanied by a independently calculated, and is based
union rep. on the amount needed for a decent
standard of living.
The National Minimum
Wage and the Living Wage The real Living Wage is voluntary, and
employers who agree to pay it can
Usdaw was one of the main unions that become accredited by the Living Wage
campaigned for the introduction of the Foundation.
National Minimum Wage (NMW) in the
1980s and 1990s. It was introduced by However, the National Minimum Wage
the Labour Government in 1999 and is legally enforceable and employees
provides a legal safety net for the vast can report their employer to the Pay
majority of UK workers. and Work Rights Helpline if they think
they are being underpaid. Employers
In April 2016, the Government face a fine if they are found to be
introduced a National Living Wage underpaying and employees can claim
for workers aged 23 and over, which back pay too. This applies equally to
is currently £8.91 per hour. Like the the statutory National Living Wage.
Minimum Wage, it is illegal to pay any
worker over 23 less than this amount, Usdaw members who have a query
per hour. about their pay rates should contact
their Union rep.
April
2021
Aged 23 and over £8.91
Aged 21-24 £8.36
Aged 18-20 £6.56
Under 18 £4.62
Apprentices under 19 (or 19 £4.30
and over who are in the first
year of apprenticeship)Legal Plus Workers’ Rights 5
Section 1 – Basic Rights for Everyone
Contract of employment 9. Pension rights.
Every worker has a contract of 10. Collective agreements.
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
Contract terms and grievance procedure.
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 contract terms if you agree.
the agreements which Usdaw has If your employer tries to force upon
negotiated. Make sure you tell your you new terms which you do not
Usdaw rep and negotiators what you accept, you must take immediate steps
want and give them your full support. to protect your interests by lodging
a grievance with the employer and
Statement of written terms notifying your Usdaw rep. Changes
Every worker has the right to have which you have not agreed and that
their main contract terms written down result in a cut in pay may mean an
in a statement of terms and conditions unlawful deduction from wages.
within two months of starting work. Changes in hours or shift patterns
The statement must include particulars which are particularly hard for women
of: with families to manage may be indirect
1. Name of employer and employee. sex discrimination. Changes which you
have not agreed may be a breach of
2. Date employment began or when contract.
continuous employment began.
3. Rate of pay. Statement of change in terms
4. Payment intervals. When any of these main terms are
5. Hours of work. changed, your employer must provide
you with a written statement of the
6. Holidays and holiday pay. change within a month. Check any
7. Sickness and sick pay. such statement carefully.
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 or redundancy
of paid notice from your employer
depending on your length of service. Whatever your hours or your length
of service, these are the steps you
should follow:
Service Notice 1. Act fast
4 weeks to 2 years 1 week Both employment tribunal
procedures and company
2-3 years 2 weeks procedures have strict time limits.
3-4 years 3 weeks 2. Contact Usdaw
4-5 years 4 weeks Your Usdaw rep or Area Organiser
5-6 years 5 weeks will help and advise you throughout.
You have a statutory right to have
6-7 years 6 weeks an Usdaw rep with you.
7-8 years 7 weeks 3. Written reasons
8-9 years 8 weeks Immediately ask your employer for
9-10 years 9 weeks written reasons if you’re dismissed.
10-11 years 10 weeks 4. Get Usdaw legal assistance
11-12 years 11 weeks Contact your local office and ask for
a Member Pack.
Over 12 years 12 weeks
5. Follow company procedure
You are entitled to full pay for the If you have a grievance about your
statutory notice period, even if you treatment or working conditions,
are off sick or on maternity leave. you should send a written grievance
to your employer. You must also
These are the minimum periods. follow the company grievance
Your contract may give you the right procedure and attend all hearings.
to longer notice.
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 00 to possible). The form can be changed
notify them of your intention to later but not put in late. Make sure
make a claim and to obtain an Early it goes in within the time limits
Conciliation Certificate reference (usually three months from date of
number for your ET1. Please refer to dismissal).
our Early Conciliation Factsheet for There are three ways you can issue
further information. your claim:
7. Get Form ET1 1. Complete the ET1 form through
This is the Employment Tribunal the gov.uk website.
Claim Form. You can get one from 2. By post to the Central Tribunal
your local Jobcentre Plus Office or Office for England and Wales:
download one from the website: Employment Tribunal Office,
www.gov.uk/employment-tribunals PO Box 10218, Leicester LE1 8EG.
/make-a-claim There is a different address for
You can also make an online Scotland: Employment Tribunals
application through the website. Central Office, PO Box 27105,
Glasgow G2 9JR.
8. Submit Form ET1
3. By handing in your ET1 in person
It is your responsibility to submit at one of the designated regional
the ET1 claim form within the time offices.
limits.
9. Keep Usdaw informed
You must have an Acas certificate in
Always tell your Usdaw rep what
order to submit your ET1.
you’re doing. Usdaw will help at
If we receive your completed each stage.
Member Pack in good time and
assistance is granted the Union may
be able to 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-time workers must be treated no Part-time workers should not be treated
less favourably (on a pro-rata basis) less favourably than full-time workers.
than full-time workers in all matters Less favourable treatment could be
including: a breach of the Part-time Workers’
Rates of pay. Regulations and/or sex discrimination.
Overtime. Take up any concerns through your
Usdaw reps. You may be able to put
Contractual sick pay.
change on the negotiating agenda,
Contractual maternity pay. raise a grievance, or take a case to an
Company pensions. employment tribunal.
Access to training.
Part-time workers
Holidays and parental leave. and pensions
Redundancy.
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
1 October 2010 in England, Scotland same groups of people that were
and Wales. protected by equality law before. It
stops people being unfairly treated
1. In October 2010 all nine major
on the following grounds:
pieces of equality law including the
Disability Discrimination Act and Age.
the Sex Discrimination Act were Disability.
replaced by a law called the Equality
Gender reassignment (protecting
Act. Almost all of what the previous
transgender members from
laws said about protection from
discrimination).
discrimination and rights to fair and
equal treatment stay the same. This Race.
section outlines the main ways in Religion or belief.
which the Equality Act has changed
Sex.
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 Transgender members no longer
into one place and making the law need to be under medical
more consistent, the Equality Act supervision to be protected
also strengthens rights, particularly from discrimination. This means
for disabled workers. See Usdaw’s that a man who decides to live
leaflet Supporting Disabled permanently as a woman is
Members (leaflet 383) for more protected even though she may
information about how the Equality decide not to undergo any medical
Act improves rights for disabled procedures at all.
members. 8. The Act restricts the kinds of
4. The Equality Act protects you from questions employers can ask about
being unfairly treated because you a job applicant’s health or disability
associate with a person who fits into before offering them a job.
one of the protected groups. For Employers are still allowed to
example, a parent who is harassed ask health or disability-related
because his/her son is gay will be questions before inviting someone
protected by the Equality Act. This is to an interview, where they relate
called ‘associative discrimination’. to making reasonable adjustments
5. So this also gives greater protection to the recruitment or interview
for carers, such as someone caring procedure for example, or where
for a disabled child or relative. they directly relate to a person’s
6. If you are unfairly treated at work ability to carry out essential
because someone thinks you fall job duties. So for example, if an
into one of the protected groups of employer were advertising for an
workers, even if you don’t, you are HGV driver, questions concerning
covered by the Equality Act. For an ability to be able to sit for long
example, if you are called names periods or about any visual or
by a colleague because they think hearing impairment are still likely
you are disabled (even though you to be OK.
aren’t) or because they think you are 9. Similar protection against
a Muslim (even though you aren’t) discrimination exists in Northern
then you may be able to take action Ireland but under different pieces of
against them under the Equality legislation as the Equality Act does
Act. This is called ‘perceptive not apply there.
discrimination’. For more information and publications
7. The Act is good news for on discrimination, see Usdaw’s website
transgender members (a person www.usdaw.org.uk
who identifies with a different
gender from that they were
assigned at birth).12
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 guide 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 but Maternity Leave
you will need Maternity and Parental
Rights Guide – An advice guide for Usdaw Paternity Leave 26 weeks
Members to get the complete picture. at EWC*
Your contract of employment may give Unpaid Parental Leave One year
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 Additional Maternity
week before the expected week of
childbirth.
Leave
All women are entitled to 26 weeks’
You can change the starting or
OML and 26 weeks’ AML.
finishing dates of your leave as long
as you give 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
If you take only 26 weeks’ maternity weeks’ Statutory Maternity Pay (SMP) if:
leave you are entitled to return to You have worked for your employer
the same job on the same terms and for a continuous period of at least
conditions as if you had not been 26 weeks ending with the qualifying
absent. week – that is the 15th week before
If you return to work after taking AML the expected week of childbirth.
and there is some reason why it is not Your average pay in the eight weeks
reasonably practical for your employer up to and including the qualifying
to take you back in your original job, week has been not less than the
you are entitled to be offered suitable lower earnings limit for National
alternative work. Insurance Contributions, which is
If you wish to vary your working pattern £120 from April 2021.
on return from maternity leave, you You have properly notified your
have the right to request a flexible employer of the start date of your
working pattern (see page 18). maternity leave with medical
evidence of pregnancy (for example,
Dismissal a medical certificate).
You cannot be dismissed or selected If you qualify then the first six weeks of
for redundancy because of pregnancy SMP are paid at 90% of your average
or maternity leave, or unlawfully weekly earnings; the remaining weeks
denied the right to return. In such are paid at 90% of your average weekly
circumstances you may claim unfair earnings or the ‘standard rate’ currently
dismissal, sex discrimination or breach £151.97 per week, whichever is lower.
of specific maternity rights.
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 £151.97 in April 2021,
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 £151.97
worked for the same employer for in April 2021). If you earn less than the
26 weeks (by the 15th week before flat rate, you will be paid 90% of your
your baby is due) you have the right average earnings instead.
to two weeks’ paternity leave. This
To qualify you must have worked for
right is called Ordinary Paternity Leave
the same employer for 26 weeks by
(OPL) and is also available to same sex
the 15th week before the baby is due
parents. You may also be entitled to
(or if adopting by the week you are
Statutory Paternity Pay. This includes
matched with the child); and
those adopting a child.
Have average earnings of £120 before
tax from April 2021.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
Under a system introduced in 2014, the remaining 33 weeks are paid at a
eligible parents can choose how they flat rate of £151.97 from April 2021. To
share care of their child in the first qualify you must earn not less than
year after birth. Mothers have to take the lower earnings limit for National
at least the initial two weeks of leave Insurance Contributions; £120 from
following the birth. Following that they April 2021.
can choose to end maternity leave
and the parents can opt to share the Parental leave
remaining leave.
Both mothers and fathers of young
Adoption leave 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.
Unpaid Parental 18 weeks unpaid Parents must take their leave by their
Leave child’s 18th birthday.
Dependants leave
When a couple adopts, only one parent
All employees are entitled to take a
has the option of ordinary and
reasonable amount of unpaid time-off
additional adoption leave. The other
to look after dependants in an
parent may take paternity leave. Both
emergency.
may take parental leave. Both have
employment protection rights.18
The right to flexible Flexible working includes a request
to change the hours you work, to
working change the times you are required to
All employees can apply to their work, or to work from home.
employer to work flexibly. Employers
If your employer agrees to the
have a duty to consider an application
request for flexible working, the new
seriously.
working arrangement becomes a
To take advantage of this right, you permanent change to your contract.
must have worked for the same If you wish to make the flexible
employer continuously for at least arrangement temporary, you must
26 weeks. make that clear and specifically agree
to revert to the original or other
You cannot apply to work flexibly if
terms.
you have made another application
in the previous 12 months. If you You should discuss your request and
think you will need more than one the reasons for it with your Usdaw
change in the year ahead, build that rep before asking for a change, or if
into your request so that all phases there is a refusal.
are covered.
You cannot apply to work flexibly
if you are an agency worker, but you
can ask for a change in your hours
of work.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 Employers can only defend differences
apply to company employees. They do if:
not apply to contracted-out or agency
They are necessary for a very
workers used by the company.
particular reason, or
Fixed-term contract staff have the right The overall package is comparable.
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
Opportunities to seek a permanent
contract for special reasons, you should
post.
be made permanent.
You have the right to ask your employer
for written reasons explaining the Failure to renew a fixed-term contract
differences between a fixed-term and a is classed as a dismissal and may be
permanent contract. Your employer has unfair.
21 days to reply.21
7 Sunday Working Rights
All UK shopworkers have the right to How to opt out of
opt 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
workers), irrespective of their age or written notice saying that you no longer
length of service, have the right: wish to 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
notice in order to ‘opt out’ ‘opted out’ shopworker.
This is the case unless you have
been employed continuously as a
Hours of work
shopworker by your current employer If you opt out of Sunday working, your
since before 26 August 1994. In that employer is under no obligation to
case you need to read the section provide you with alternative hours of
entitled ‘Protected Shopworkers’ on work on different days. Opting out may
page 22. therefore 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 whether or not you have done
working, you are able to opt back in at Sunday work in the past.
any time. 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
you wish, although you will need to give If you are dismissed, disciplined or
up to three months’ notice again. treated less favourably you can bring
a case to an Employment Tribunal.
Protected shopworkers For further information see Sunday
If you have been employed Working for Shop and Betting Workers
continuously as a shopworker in – A guide to your rights (leaflet 278).
England or Wales by your current The Conservative Government’s plans
employer since before 26 August 1994 to change the law on Sunday Trading
(or in Scotland since 6 April 2004), were dropped following a strong
you are automatically ‘protected’ from campaign by Usdaw.
being required to work 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 has replaced the
and paid by your employer. following benefits:
Your contract of employment may Child Tax Credit.
mean that your employer also has to Housing Benefit.
pay company sick pay in addition to Income Support.
SSP. However, SSP is the legal minimum
sickness payment and your employer Income-based Jobseeker’s Allowance
cannot pay you less. (JSA).
Income-related Employment and
To qualify for SSP you must normally Support Allowance (ESA).
earn not less than the lower
earnings limit for National Insurance Working Tax Credit.
Contributions which is £120 per week If you currently receive any of these
from April 2021. benefits, you cannot claim Universal
Credit at the same time.
SSP is paid at the rate of £96.35 per
week from April 2021. You can claim
up to 28 weeks’ SSP. When it stops you
should claim other State Benefits such
as Employment and Support Allowance.24
9 Usdaw’s Legal Plus – Looking
After You and Your Family
Usdaw’s Legal Plus service We will log your call and check your
membership details. You will also get a
is here to help you specific case number which relates to
Legal Plus covers you for: this matter.
Accidents, injuries and diseases. If you are eligible for legal assistance
Accidents any time and any place in you will then be transferred to the
the UK – not just at work or going to Union’s solicitors who will assist you
and from work. further.
Road traffic accidents. What does Usdaw’s
Work-related diseases or conditions. Legal Plus cover?
Slipping and tripping. Members are fully covered for:
Injuries caused by violent crime or Any accident, anywhere in the
armed robbery. UK, and now also for accidents/
Family members living with you are injuries outside of the UK whilst on a
also fully covered if they’re injured in package holiday.*
a road traffic accident. Members’ children, under the age of
Fast, expert help is only a free call 18, are fully covered for any accident,
away – 24/7. Use FirstCall Usdaw to anywhere in the UK, and now also for
start the process. accidents/injuries outside of the UK
No forms – No fuss – No delay. whilst on a package holiday.*
Call 0800 055 6333. Other family members living in the
same household as the member are
We’ll need your:
fully covered if they are injured in a
Usdaw membership number. This isn’t road traffic accident.
essential, but can speed up the call.
To register a new accident, injury or
Name and address. disease claim, call FirstCall Usdaw on:
Phone and email contact details. 0800 055 6333.
Date of birth.
*Package holiday claims means accidents,
Date of the incident. injuries or other personal injury claims
covered under the Package Travel, Package
Holidays and Package Tours Regulations 1992.Legal Plus Workers’ Rights 25
Section 9 – Usdaw’s Legal Plus
Employment problems For help and advice about any
employment problem, you can either
Usdaw reps and officials are ready to contact your Union rep, call the Usdaw
help you resolve any type of Helpline on 0800 030 80 30 or visit the
employment problem, including: Usdaw website www.usdaw.org.uk
Redundancy. Do not use FirstCall Usdaw for
Dismissal. employment matters.
Discrimination. Where assistance is granted in
employment cases members will be
Contract claims. sent the Employment Cases Member
Equal pay. Handbook. This also contains the rules
Family friendly rights. on Legal Plus.
Part-time workers’ rights. Once legal assistance has been granted,
we’ll investigate your case and regularly
Unlawful deductions.
review it to ensure you continue to
Minimum wage. comply with the rules and that your
We’ll try to settle the problems using case still has reasonable prospects of
your usual company procedures. By success.
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.26
Free wills Free advice scheme
It’s important for your family and your Usdaw’s Legal Plus service doesn’t
own peace of mind that your affairs stop when you clock off work. You’re
are in order before you die. If you want entitled to free advice about any
your property/estate to pass to the non-work related legal problem. For
people you choose, it’s essential to example, you may have:
make a will. Every Usdaw member, and
To sort out probate matters when
his or her partner, can make a will free
someone dies – this can be stressful.
of charge through Usdaw solicitors.
Our Usdaw solicitors can provide you
New members benefit from our free with sympathetic and professional
will-writing service as soon as they advice at special, flexible rates.
join Usdaw – saving up to £200. Bought a car or a washing machine
If your affairs are especially complex, that simply isn’t up to standard and
the solicitors may need to charge, but the salesman refuses to do anything
they’ll discuss this with you beforehand. about it.
To take advantage of our free will- A dispute with your landlord, the
writing service, complete our online council, or with nuisance neighbours.
BL4 Form at www.usdaw.org.uk/BL4 A matrimonial or other family
or phone the Legal Department clerical problem at home, or want advice
team on 0161 249 2477. about debts.
Conveyancing If there’s more legal work required after
you’ve received the solicitors’ advice,
Buying a property is a long-term they’ll offer you special terms.
financial commitment and may be one
of the most important steps in your To benefit from these services,
life. Our Usdaw solicitors will deal with complete our online BL3 Form at
all stages of your property transaction www.usdaw.org.uk/BL3 or phone the
professionally and efficiently, at Legal Department clerical team on
favourable rates for Usdaw members. 0161 249 2477.
You’ll receive a written quotation at
the outset, so you won’t have any
unwelcome surprises.Legal Plus Workers’ Rights 27
Section 9 – Usdaw’s Legal Plus
Legal help will not be granted to
Legal Plus rules family members who should have
You must be a member of Usdaw been an Usdaw member.
at the time of the incident you are
Cases are only supported to a trial
claiming for.
or hearing if they have reasonable
Your contributions must remain fully prospects of success and no
paid-up throughout the case. reasonable offer of settlement has
You must co-operate with Usdaw and been made.
its solicitors and follow their advice. Family members must follow the
You must not deliberately mislead same rules.
or give Usdaw and/or your In any event, legal assistance is at
representative false information. the discretion of the Union.
Your claim must not be You’ll find these rules in detail in the
fundamentally dishonest. Legal Plus Members’ Handbook, which
You must not take advice from other our solicitors give to members when
legal advisers at the same time. they start an injury claim. You can also
see the Members’ Handbook on the
You will not be supported in bringing
Usdaw website.
cases against the Union, its reps or
staff, or in matters that are in conflict
with the Union or its policies.
You will not be supported if the
incident/accident is a consequence
of your own neglect of duty,
misconduct or criminal act.28
NotesLegal 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
Stock photography. Posed by models.
April 2021 Published by Usdaw, 188 Wilmslow Road, Manchester M14 6LJ Lft 211You can also read
