New Year, New Job? Know your Employment Rights

As the new year begins, many of us are inspired to make changes, including finding a new job. While this is an exciting time, it’s essential to understand your employment rights before signing a contract. Here are a few key points to consider:

Employment Contracts

Every employee is entitled to a written statement of terms before starting work. This is crucial for avoiding misunderstandings and disputes. An employment contract should outline:

• Job title and responsibilities
• Working hours and annual leave
• Pay and benefits
• Notice periods for termination

Pay close attention to any clauses that could limit your options in the future, such as non-compete agreements or restrictions on working for competitors. These clauses can have long-lasting implications on your career. Make sure to check that the terms are fair and reasonable and ensure you fully understand the terms of your contract. If anything is unclear, ask for clarification – it’s better to resolve doubts now than face issues later.

Minimum Wage and Pay Rights

The UK has a statutory National Minimum Wage and National Living Wage, which vary by age and job role:

• Workers aged 23 and over must receive the National Living Wage. This is currently £11.44 but will increase to £12.21 from April 2025.
• 18–20-year-olds are entitled to a National Minimum Wage of £8.60 but this will increase to £10 from April 2025.
• Under 18’s and apprentices are entitled to a National Minimum Wage of £6.40 which will increase to £7.55 from April 2025.

Employers must pay employees at least the statutory rate or they could face penalties for failure to do so.

Working Hours and Breaks

Under the Working Time Regulations, most workers cannot be required to work more than 48 hours per week, unless they voluntarily do so. Employees are entitled to:

• A 20-minute rest break during their working day for every six hours worked. This break doesn’t have to be paid, unless stated otherwise in your contract.
• 11 hours rest between working days (e.g., if you finish at 11pm, the earliest you should start the next day is 10am).
• An uninterrupted 24 hours without any work each week or an uninterrupted 48 hours without any work each fortnight.

Holiday Entitlement

Full time workers are entitled to 28 days / 5.6 weeks of paid annual leave, including public holidays. Part-time workers receive a proportionate amount based on the hours they work. For instance, part-time workers who work regular hours throughout the year are entitled to at least 5.6 weeks paid holiday (e.g., if they work 2 days a week, they must get at least 11.2 days leave a year). Employers cannot deny statutory holiday rights as it’s a legal right, nor can they pressure employees to work during this time, or this could lead to a dispute. 

Sick Pay

Employees unable to work due to illness may be entitled to Statutory Sick Pay, provided they meet the necessary criteria:

• Be classed as an employee
• Earn an average of at least £123 per week
• Have been ill for more than three days in a row (including non-working days)

If eligible, you can receive £116.75 a week for Statutory Sick Pay for up to 28 weeks.

Protection from Unfair Dismissal

Employees who have worked for a company for at least two years are protected against unfair dismissal. A fair process must be followed, including providing a valid reason for the dismissal and allowing the employee to respond. If dismissed unfairly, an employee can seek recourse through an Employment Tribunal.

Health and Safety at Work

Under the Health and Safety at Work Act 1974, employers have a duty to provide a safe environment. This includes:

• Providing appropriate training
• Providing safety equipment if needed
• Conducting risk assessments
• Taking measurements to prevent accidents and injuries

Employees have the right to report unsafe practices without fear of reprisal.

If you’re unsure about any aspect of your contract, it’s good to get legal advice. An employment solicitor can help you understand the implications and ensure you’re not agreeing to anything that could disadvantage you in the future.

If you have any questions or concerns, don’t hesitate to contact our experienced employment solicitor Ilinca Mardarescu at imardarescu@astonbond.co.uk.