Employment rights

Susan DennehyEditor's message: Employees have rights relating to almost every aspect of the employment relationship, including working hours, disciplinary action and personal data. Different classes of worker have different rights, so to navigate through the minefield, use Quick reference > Statutory rights available to workers/employees/employee shareholders.

The right to request flexible working is applicable to all employees with 26 weeks' service (previously the right was only available to employees with children and carers of adult dependants). Employers must consider requests in a "reasonable manner". See Requests for flexible working.

The calculation of holiday pay can prove complex. Our Annual leave, with accompanying PowerPoint presentation, takes line managers through the laws on holiday entitlement and holiday pay. From 1 July 2015, claims for unlawful deductions from wages in respect of arrears of pay for holiday, are limited to a period of two years prior to the presentation of the claim to an employment tribunal (for claims presented on or after 1 July 2015). See Claims for arrears of holiday pay limited to two years.

Susan Dennehy, employment law editor

New and updated

  • Brexit to bring tighter controls on immigration, May confirms

    Date:
    17 January 2017
    Type:
    News

    Brexit will bring stricter controls on immigration, but will not rule out rights for EU workers in Britain and vice versa, the Prime Minister has announced.

  • EU citizens working in the UK: will the Government listen to employers' wishes?

    Date:
    16 January 2017
    Type:
    Commentary and analysis

    At the top of the agenda for Brexit negotiations will be freedom of movement and the status of EU citizens working in the UK. We report on how and when these issues are likely to be settled.

  • Could "associate EU citizenship" become a worthwhile employee perk?

    Date:
    16 January 2017
    Type:
    Commentary and analysis

    The proposal by an MEP that UK nationals could take out "associate EU citizenship" could appeal to UK employers who want to move staff around offices in different EU countries. But is it likely to be endorsed by the Government after a "hard Brexit"?

  • CitySprint courier should be classed as worker, says tribunal

    Date:
    9 January 2017
    Type:
    News

    A tribunal has found that a CitySprint bicycle courier should be classed as a worker, rather than self employed.

  • Date:
    9 January 2017
    Type:
    Legal guidance

    This article lists all significant items of employment-related draft EU legislation that are currently in the legislative pipeline, or due to be proposed in the near future. It also shows proposals that have been adopted in the past six months.

  • Podcast: 2017 employment law agenda

    Date:
    6 January 2017
    Type:
    Audio and video

    We discuss the key legislative developments affecting employers in 2017, including: gender pay gap reporting; the apprenticeship levy; public-sector exit payments and changes to statutory rates.

  • Cases on appeal

    Date:
    1 January 2017
    Type:
    Law reports

    Cases on appeal provides news on key case law developments that are expected.

  • Unfair dismissal: Procedural defects cured by internal appeal

    Date:
    1 January 2017
    Type:
    Law reports

    In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.

  • Whistleblowing: Whistleblower can be both employee or worker of agency and worker of end user

    Date:
    31 December 2016
    Type:
    Law reports

    In McTigue v University Hospital Bristol NHS Foundation Trust [2016] IRLR 742 EAT, the EAT held that, in order for a claimant to be a "worker" within the meaning of the extended "whistleblower" definition in s.43K of the Employment Rights Act 1996, all that is required is that the end user substantially determined the terms under which the claimant carried out his or her work. It is not necessary to show that the end user determined those terms to any greater or lesser degree than the agency, of whom the claimant might also be an employee or worker.

  • Date:
    19 December 2016
    Type:
    Legal guidance

    Subject access requests - when an employee asks to see any personal data held on them - can throw legal negotiations into disarray if employers do not tread carefully.