Employee rights and benefits: Overview

Statutory employee rights are conditions of employment which employees are entitled to by law. An employer can choose to be more generous than the requirements of these statutory regulations. They may not opt out of employee rights or provide less than is specified.

Other than the rights specified by statutes and expressed by the written contract, employers and employees alike are also expected to abide by certain unwritten obligations implied by the existence of a contract.

The employee must:

• Render faithful service (to an employer) and not compete with the employer
• Obey lawful and reasonable orders (consistent with his or her contract)
• Exercise reasonable care and skill
• Provide a personal service
• Maintain confidentiality

The employer must:

• Pay agreed wages
• Provide work
• Provide a safe workplace; pay out of pocket expenses
• Maintain the relationship of trust and confidence by behaving reasonably towards the employee

Employee rights

Employees are entitled to receive the following.  Some of these rights are subject to eligibility criteria:

Contracts

• Employment contract
• Written statement of particulars

Pay

• National Minimum Wage
• Redundancy payment
• Statutory Sick Pay
• Itemised pay statement
• The right to paid time away from work (annual leave)
• Dismissal and notice periods
• Written reasons for dismissal
• Notice of termination (except in the event of gross misconduct)
• In certain circumstances the right to claim unfair dismissal
• Fair dismissal

Parental legislation

• Maternity, paternity and adoption leave and pay
• Parental leave
• Return to work after maternity, paternity and adoption leave
• The right to apply to work flexibly and the duty on employers to consider requests

Time off

• Time off for dependants
• Time off work for public duties
• Time off work for trade union duties and activities

Anti-dscrimination

• Sex, race and disability
• Equal pay
• Sexual orientation, gender reassignment and religion or belief (or lack thereof)
• Age discrimination
• Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
• Membership or non membership of a trade union

Other statutory employment rights

• Asserting a statutory employment right
• Trade union membership and activities
• Working time
• Protected disclosures
• Disciplinary and grievance hearings
• The right to apply to work flexibly for carers of adults and the duty on employers to consider requests
• Rehabilitation of offenders

Complaints and remedies

• Making a claim to an employment tribunal
• Data protection
• Health and Safety in the workplace

Many of these are rights are covered in this section.

Employee benefits

Benefits are not subject to legal obligation and are therefore given at the discretion of the employer. Such benefits are normally offered to attract and retain suitable employees.

There are many benefits that an organisation may offer to its employees in addition to the obligatory terms and conditions of employment. These will depend on the organisations' policies, financial position and future security.

Benefits might include:

• Holidays (additional to the statutory minimum)
• Pensions
• Occupational sick pay
• Employee assistance schemes
• Health insurance
• Extended maternity leave: enhanced maternity pay, a longer period of paid or unpaid leave, or holding a job open longer than legally obliged.
• Paid parental leave: An employer could offer part or all of statutory parental leave to be taken as paid time off
• Enhanced redundancy pay
• Childcare provision
• Flexible working hours/time off in lieu (TOIL)
• Homeworking
• Personal development
• Job-sharing
• Career breaks
• Interest free season ticket loans
• Voluntary reduced time (or v time)
• Term-time working
• Time off for volunteering

Further information

• Business Link
• Directgov
• Acas

Reviewed and updated by the HR Services Partnership - April 2010.

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