Know your employment rights

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Presentation transcript:

Know your employment rights

Session Overview Basic employment rights What can I do if I need to take time off? Parental leave Right to unpaid time off Flexible Working Discrimination in the workplace What can I do if my employer changes my hours?

Basic Employment Rights Restrictions on hours Holiday entitlements Sick leave Maternity Leave Salary

Parental Leave You can take parental leave: If you have worked for your employer for 1 year; AND You have parental responsibility for a child. It is unpaid (unless your contract says otherwise). You can take up to 18 weeks of unpaid leave for each child under 18 years. Applying for parental leave: 21 days' notice In writing (there is no requirement to do this) Your employer is under a duty to not unreasonably postpone a requested period of parental leave.

Unpaid time off Right to reasonable time off work to deal with unexpected problems/emergencies with close family members or people who depend on you. E.g. Someone close to you gets ill or is injured Care arrangements suddenly break down You need to deal with an unexpected incident involving your child at school Be aware – This is unpaid time off (unless your contract says otherwise) What is reasonable depends on the situation.

Flexible Working Flexible working is a way of working that suits your needs e.g. job sharing, working from home, working part time, flexitime. You can request flexible working if you have 26 weeks' continuous employment. Making "a statutory application": Written request Employer has three month decision period. If employer agrees, there is usually a permanent change to your contract. If employer disagrees, they must give you one of the statutory business reasons for the refusal.

Discrimination in employment Which of the following is discrimination? A. I wasn't selected for a job because I am pregnant. B. I wasn't allowed to attend training because I helped my colleague make a discrimination claim against her manager. C. I wasn't chosen for a promotion because my son is disabled. D. All of the above.

Protected Characteristics Age Sexual orientation Disability Protected Characteristics Sex Gender reassignment Religion or belief Marriage or civil partnership Race Pregnancy and maternity

Types of discrimination Direct discrimination Indirect discrimination Harassment Victimisation

Duty to make reasonable adjustments Your employer has a duty to make reasonable adjustments if you are disabled. Examples of reasonable adjustments: adjusting start and finish times more flexible work, working form home and similar more formal support and supervision extra training special equipment working closer to home, so less travel more sickness absence being permitted, before the employer takes action about the person's attendance shorter hours (usually with a pro rata pay cut)

What can I do if my employer amends my hours? Check your employment contract – does your contract allow your employer to make the change? Try to negotiate with your employer. Potential claims: Breach of contract Indirect sex discrimination Direct sex discrimination Unfair dismissal