Rights available only to employees

[ch 10: pages 74-75]

Employees have additional rights. Someone can still be an employee even if their written contract terms describe them as “self-employed”, “casual” or “zero hours”, and even if the written contract suggests that they can refuse work when offered (see Chapter 2). The additional rights available to employees include:

• the right to statutory minimum notice or notice pay (a week for each full year of service up to a maximum of twelve weeks after twelve years);

• protection from unfair dismissal;

• parental leave rights;

• the right to request flexible working;

• various statutory rights to time off — including time off for union duties and training where a union is recognised;

• medical suspension pay;

• protection in a TUPE transfer;

• important implied contract terms such as the duty of mutual trust and confidence;

• guarantee pay on lay offs; and

• redundancy rights and pay.

Detailed information about each of these rights can be found in LRD’s annual employment law guide Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1723).