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Understanding your statutory rights at work may seem stressful and complex. Knowing your rights helps make sure you’re treated fairly and ensures your employer meets their responsibilities towards you.
A point of concern for many is determining an employer’s legal responsibilities versus their contractual responsibilities. To shed some light on the area, this article will explore the differences between statutory and contractual rights and how they impact you.
Looking to cut to the chase? If you’re looking for a solicitor to help you resolve your legal issues, just call us on 020 3007 5500, or submit a contact form.
What are statutory rights?
Statutory rights are the basis of an employment relationship and are in place to protect employees from unfair treatment. These rights cover a wide range of issues such as pay, working hours, and discrimination. No employment contract is able to undermine these rights, and any attempt to do so is likely to be illegal. This framework of legal protection benefits both the employer and the employee.
What are my statutory rights?
Some of your statutory rights include:
- Pay at or above minimum wage
- Protection against unfair dismissal
- Various maternity and paternity rights
- The right not to face discrimination
- The right not to suffer from any unauthorized deductions from wages
- Protection against unfair treatment
- A written statement of employment within 2 months of starting employment
But, in some cases, your statutory rights may overlap with those in your contract. For example, your contract may provide a more generous allowance for a specific area.
Other areas of overlap include:
- A contractual notice period longer than the statutory period
- A contractual holiday allowance higher than the statutory minimum
- A contractual redundancy payment of more than the statutory minimum
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What are contractual rights?
Your contractual rights are the rights defined in your employment contract. These rights can vary depending on your contract’s terms.
Generally, contracts express rights such as:
- The right to payment
- Entitlement to holiday
- The right to end your contract
Your implied rights encompass the right to privacy, fair treatment, respect and politeness.
Sometimes, your rights may also arise from ‘custom and practice’. As an example, it might become a custom over a long period of time to leave early one day of the week. For something to become an established custom and practice, it must happen consistently over a long period, have no interruptions, and be widely recognised.
What is an employer’s duty of care?
It is the employer’s duty to take care of their employees. It is an employee’s statutory right to receive a duty of care. However, if the employer doesn’t follow their duty of care, an employee can claim under the law of negligence.
Employers need to take certain precautions to ensure that no one is hurt in the workplace. Furthermore, if a failure to take these precautions results in an injury, the employer is the one responsible. The victim of the injury can also file a personal injury claim.
For more information on negligence in the workplace, visit our blog here.
What if a business doesn’t follow these rights?
An employer and employee must follow both contractual and statutory rights.
If an employer is not abiding to statutory or contractual rights, the employee has the right to refuse work, resign, or even make legal claims. Even if an employer violates the rights of their employees by accident, they may still face legal repercussions. In some cases, they will receive severe fines or even imprisonment.
An employee is legally obliged to follow the rights stated in the contract they sign. However, regardless of what is in your contract, your statutory rights will always remain.
Remember...
In the case of a contractual dispute as an employee, it’s often recommended to first try to resolve the issue with your employer. If this is unsuccessful, you may need to take formal action, such as raising a grievance or pursuing legal action.
Notable Cases
Asda underpaying workers
In 2014, a group of Asda employees claimed against the company for underpaying female employees. In 2016, an employment tribunal ruled in favour of the workers, but Asda appealed against this.
Asda continued to contest the case, leading to it going to the Supreme Court in 2021. The court ruled in favour of the workers. As a result, around 35,000 workers, mostly women, were found to have been underpaid by Asda.
There has been no determination on the total amount owed to workers. Expectations have shown it to be around about £340 million.
Sports Direct minimum wage
In 2015, The Guardian newspaper exposed working conditions at Sports Direct’s Shirebrook warehouse. They stated that workers were receiving less than the statutory minimum wage.
A following investigation found more serious issues in its employment practices. This included low pay, terrible working conditions and zero-hour contracts.
The company agreed to pay a total of £1.2 million in compensation to its workers, as well as £1.3 million in pay owed to workers who had been underpaid.
Frequently Asked Questions.
1. When does overtime become contractual?
An employee is only required to work overtime if it is included in their contract. However, any overtime that has been agreed to work, must be worked.
2. What is contractual sick pay?
Contractual sick pay is where it states in your contract that you will be paid more than statutory sick pay.
3. How much is statutory sick pay?
If you are eligible for statutory sick pay (SSP), you are able to get up to £99.35 a week for up to 28 weeks.
How can Britton and Time Solicitors help?
We know how stressful and costly facing legal issues can be. That’s why our initial consultations with our solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
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