• Employment rights

► Employment rights

Working on a temporary or part-time basis during your time at university, still entitles you to some basic statutory rights as an employee.

• Legal definitions
• Your rights as an employee
• Part-time workers
• Health and safety
• Working Time Regulations
• Other relevant legislation
• More information and resources

Legal definitions

An employee is defined as "an individual who has entered into or works under (or, wher the employment has ceased worked under) a contract of employment. A contract of employment means a contract of service or apprenticeship or a contract personally to execute any work or labour."  (Sec. 230 (1) Employment Rights Act 1996).

Your rights as an employee

Once you have an offer of any form of employment your employer is required by law to provide you with a 'written statement of employment particulars.'  This should be given to you before starting work, but the employer has from the 4th week to the 8th week to provide you with the information below. These terms are usually written, however they may be written, oral, implied or a mixture.

The statement should give details of the following:

• the name of the employer and work place address;
• commencement date of employment (and end if it is a fixed term contract);
• whether the job is temporary or permanent;
• job title and brief job description;
• the hours of work you are expected to complete on a weekly basis, on which days, and if there are set days and / or times;
• your rate of pay (wages) and the method of payment (e.g. bacs - into your bank account);
• whether or not training will be included;
• notice required (by both parties) to terminate the employment;
• details of holiday entitlement and holiday pay entitlement;
• sick pay;
• grievance procedure;
• pension schemes.

Part-time workers

Part-time workers should have the same rights as a full time employee.  Your employer should allow you the same rights, pro-rata, as full time workers for all benefits e.g. holidays.

Health and safety

Your employer has a statutory duty to provide a safe environment for you to work in. First aid equipment must be provided and there must be adequate means of escape in case of fire.  The Health and Safety at Work Act covers a variety of related issues, and there are specific rules regarding the following:

• cleanliness;
• hazardous substances;
• hours and rests;
• toilets;
• lifting and carrying;
• machinery.

Working Time Regulations

In order that work is carried out safely and effectively the government introduced a 'work time directive' in October 1998.  The Working Time Regulations (WTR) cover many aspects of working hours and help to ensure that employees do not work excessive amounts of time.  These include:

• the right to a day off each week;
• a limit of an average 48 hour working week;
• the right to a break if the working day is longer than six hours;
• the right to an 11 hour rest each day;
• night workers should only work an average of eight hours per shift.

Other relevant legislation

Highlighted below are some of the laws and acts you should be aware of:

• Sex Discrimination Act 1975 and 1986;
• Race Relations Act 1976;
• Disibility Discrimination Act;
• Asylum and Immigration Act 1996;
• EU Working Time Directive (Working Time Regulations 1998);
• National Minimum Wage Act 1998;
• Data Protection Act 1998;
• Freedom of Information Act 2000;
• Part Time Workers Legislation (Prevention of Less Favourable Treatment) Regulations 2000;
• Rehabilitation of Offenders Act 1974;
• Police Act 1997.

More information and resources

• Fact sheets including one on your rights at work
• TUC Basic Rights @ Work microsite www.tuc.org.uk/workplace/tuc-19833-f0.cfm
• Useful links page