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Understanding Statutory And Contractual Rights

Last updated Mar 7 2023 | Employment Law

by Joseph Navas

by Joseph Navas

Director & Solicitor

In this article

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 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

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.

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Like it, share it.

If you found the contents of this blog useful, please feel free to share it on social media. Sharing our article helps others in need find the same information.