Member Article

Issues surrounding Employment Law

If you have just graduated or you are about to start your first ‘proper’ job, there are some points in which you need to know when it comes to employment. Many employers treat their employees unfairly as many of them know no different. Surprisingly, there are numerous victims when it comes to employment law and without spotting it early, it can result in an unwanted court battle. Whether it is the amount of time you have for your lunch, or the amount of tax that is being deducted from your wage packet, we will run through everything you need to know when it comes to employees rights.

Young Workers

Often if employers employ young workers, they find that stereotypically young people don’t know the national minimum wage, resulting in them getting underpaid. The national minimum wage as it stands from 1.10.14 can be found here: http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/rights_to_pay.htm#NationalminimumwageNMW

It is best to read up of the national minimum wage, as the last thing you want is to be working unfairly.

Holiday Pay

Holiday pay can often be confusing and if you are new to full time employment, it can sometimes be a daunting proposal. Nearly all workers are entitled by law to paid annual leave, however it is always best to check through your contract. Full-time workers are entitled to at least 5.6 weeks a year leave.

If you work part-time, you are entitled to a pro rota amount. Unless stated in your contract, all employees are entitled to have bank holidays off. For example, if you work full time and are entitled to your bank holidays off then you are entitled to 28 days holiday all together.

Bullying At Work

Bullying at work happens more often than we think. You should be able to speak to your manager or somebody higher than yourself, if not the ACAS website contains all the information you will need about your rights in a workplace

References

References can sometimes be difficult to ask for, however, your employer doesn’t HAVE to give you a reference. The only time your employer is entitled to give you a reference is if your contract states so, or if a regulatory body needs a reference.

You don’t have a right to see your reference provided by your employer and if you do wish to see it, you should make this request under the Data Protection Act. You employer is allowed to write anything they want, however, the only thing they are refrained from doing is discussing information to do with your medical records, or past criminal convictions.

Discrimination

Discrimination is often a hard topic to cover and usually people are unaware of it happening to either themselves or fellow employees. There are various types of discrimination, some of them including direct discrimination, harassment, victimisation and discrimination surrounding disability.

If you find that you, yourself is becoming a victim of discrimination, or a fellow employee is, you need to either confide in someone more senior than yourself in the company, or if you feel like you can’t do that, you are able to make a claim to an employment tribunal. However, before you contact the employment tribunal, you should gather advice and information from an employment law professional.

Matters surrounding employment rights can often be seen as difficult, especially if you are in your first job. Unfortunately, some employers are unaware of employment rights and in doing so, many end up treating employees unfairly. As well as this, employers are often unaware of what is going on in the workplace and if employees are being treated unfairly, it may go un-noticed.

It is important to understand your rights in the workplace and if you are unsure or feel like you are being treated unfairly, it is important to speak to somebody.

This was posted in Bdaily's Members' News section by Liam O’Dowd .