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5 Individual Protection Rights

5 Individual Protection Rights. Working Time Regulations. Definition of a ‘worker’ Those excluded from the Regulations Definition of ‘work’. Requirements of the Working Time Regulations. Annual leave Limited maximum working week Protection for night work Rest breaks. Wages.

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5 Individual Protection Rights

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  1. 5 Individual Protection Rights

  2. Working Time Regulations • Definition of a ‘worker’ • Those excluded from the Regulations • Definition of ‘work’

  3. Requirements of the Working Time Regulations • Annual leave • Limited maximum working week • Protection for night work • Rest breaks

  4. Wages • Definition of wages • Right to an itemised pay statement • Deductions from wages – required by law – agreed to in writing – agreed to in contract of employment

  5. Guarantee payments • Payment when no work available • Employee loses the right if: – the failure to provide work relates to industrial action – the employee refuses a suitable alternative – the employee does not comply with reasonable attendance requirements

  6. National Minimum Wage • Current rates • Definition of ‘work’ • Failure to pay

  7. Sick pay • No legal requirement for employer to have a sick pay scheme • Statutory Sick Pay • Suspension on medical grounds

  8. Maternity leave • Sex discrimination • Ante-natal care • Compulsory maternity leave • Ordinary maternity leave (OML) • Additional maternity leave (AML)

  9. Returning to work • From OML – to the job that was left • From AML – to the job that was left, unless not reasonably practicable. Then to a job of the same status and terms and conditions

  10. Statutory maternity pay • Paid for the first six weeks at 90% of salary • Then paid for 33 weeks at the lower rate (currently £112.75 per week)

  11. Statutory paternity leave • Leave of up to two weeks • Qualifying period of 26 weeks’ continuous service • Paid at the lower statutory maternity pay rate • Additional paternity leave

  12. Adoption leave • Mirrors maternity leave • Payment all at the lower statutory maternity pay rate

  13. Parental leave • Unpaid • 13 weeks’ leave (18 weeks’ if the child is disabled) • Taken in blocks of at least one week • No more than four weeks in any year • Taken before the child is aged 6 (18 if the child is disabled) • Taken for the purposes of child care

  14. Time off for dependants • Unpaid • Taken to deal with emergencies

  15. Time off for public duties • Membership of a local authority • Membership of a statutory tribunal • Membership of a health authority, NHS Trust or health board • Membership of a relevant education body • Membership of a police authority • Membership of the Service Authority of the National Crime Squad or the National Criminal Intelligence Service • Membership of a board of prison visitors or a prison-visiting committee • Membership of the Environment Agency

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