THE EMPLOYMENT RIGHTS ACT 1996

The legislation

We are all entitled to set rights at work. In the UK, employment law has grown steadily since World War II, as a strong trade union movement and membership of the European Union has facilitated law making to protect workers. It is embodied largely in statue law: that is, by acts that have been legislated by the Westminster Parliament, rather than in Common Law. A number of key pieces of legislation protect your rights at work. The Employment Act 2002 and legislation protecting workers from discrimination on the grounds of age, gender, sexuality, disability and race are all important. However the piece of legislation that most comprehensively maps out workers’ rights in the Employment Rights Act 1996.

Basic Provisions

Understanding the basic provisions within this act can be important. It may be that you have been experiencing a violation of your rights at work, and having some indication of the ways in which you are protected will enable you to obtain more detailed legal advice and, potentially, a resolution to any problem you have in the workplace.

Wages Rules

Time off work

One of its most important aspects concerns law involving time off work. You are entitled to certain protections involving having time off that may be owed to ante-natal care, training, or public duties. The Act outlines procedures involving suspension due to maternity leave or medical problems. The rights and obligations of one seeking maternity leave are covered in particular detail, and an employee seeking redress of grievance over their employer’s handling of maternity leave might do well to contact a solicitor in regard to their rights outlined in this Act.

Dismisssal and redundancy

Another topic key to the Act involves provisions related to dismissal and redundancy. It is stated that unfair dismissal—where an employer has insufficient evidence to back up their formal reason for dismissing an employee gives the employee a right to compensation and gives an indication of the circumstances in which unfair dismissal has occurred. Crucially, the Act also provides a guarantee of redundancy payment.

Dispute resolution

The Employment Rights Act 1996 also indicates the process by which you can resolve disputes related to any violation of your rights as an employee. Indeed, you have the right to go to an employment tribunal if you have a dispute with your employer over a range of cases. Such cases are outlined on a ‘jurisdiction list’ available from a local tribunal office, and when you make a complaint (or application) notice will be served to your employer, and you both have your cases heard in front of a panel consisting of a chairman, a trade union representative, and a representative from your employer’s organisation.

Expert advice

If you think your employer has violated any of the provisions the Act covers, then obtain legal advice on whether, and how, you may take the matter further. The rights of employees are guaranteed in the UK, and should be respected by all parties.

If you believe you have a claim or if you are an employer facing a potential claim against you please ring us for a free initial consultation.