LRD guides and handbook July 2012

Law at work 2012

Employment rights - quick facts

Working time (for adults)

• Rest break at work of at least 20 minutes (if working day is six hours long or more).

• Break between days of work of at least 11 hours.

• Weekly rest of not less than 24 hours (can be averaged over two weeks - i.e. not less than two days off every two weeks).

• For night workers (those working at least three hours between 11pm – 6am), a maximum eight hour shift (in any 24-hour period as averaged out, normally, over 17 weeks).

• 48 hours (unless opt-out agreed) maximum per week - calculated by averaging out hours over 26 weeks (except in certain sectors or unless varied by agreement).

• 5.6 weeks holiday per year (which can include bank holidays) making a minimum of 28 days for those working five days per week.

Notice

• Statutory notice: after one month's service, one week per year of service up to a maximum of 12 weeks.

Minimum time limits for a collective consultation

• 100 or more employees: at least 90 days.

• 20-99 employees: 30 days.

Elements of a fair consultation

• Consultation when the proposals are still at a formative stage.

• Adequate information on which to respond.

• Adequate time in which to respond.

• Conscientious consideration by the employer of the response to consultation.

Other leave and pay

• Time off to care for dependants: unpaid time off to handle an unexpected emergency/disruption in care arrangements.

• Parental leave: 13 unpaid weeks in blocks of one or more complete weeks (up to age of 17, or in the case of a disabled child up to 18 years).

• Statutory maternity leave and pay: 39 weeks paid (six weeks at 90% of wages, 30 weeks at £135.45 per week) and 13 weeks unpaid leave.

• Statutory paternity leave and pay: two weeks at minimum of £135.45 per week - as of April 2012 new mothers can transfer all or part of their additional leave (i.e. the second six month period away from work) to fathers.

• Statutory week's pay (for calculating minimum redundancy entitlement, etc): £430 from 1 October 2011).

• National Minimum Wage: £6.19 an hour (unless under 21 years old or a first year apprentice).

• Statutory Sick Pay: from the fourth day off in a row onwards, statutory sick pay is payable for up to 28 weeks (£85.85 since April 2012).