For example, if for the last two years you have worked for 25 hours a week, but your contract expressly says you work 30 hours, then you are obliged to work 30 hours a week unless your boss has specifically agreed to change your hours. You and your employer can agree almost any express terms you like but neither of you can agree to a term that leaves you worse off than is provided for by the law statute. In other words, any contract of employment has to comply with your statutory rights.
Whether or not you are an employee or worker, you have a right not to be discriminated against whether directly or indirectly on grounds of age, disability, sex, sexual orientation, marital status, the fact you are undergoing gender reassignment, pregnancy or maternity, race and religion or belief. You are also protected against victimisation because you have brought a complaint about discrimination or given evidence in a complaint brought by another employee.
For more information, please see our article on when certain employment rights start. To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form …. JavaScript is disabled in your web browser. This site uses JavaScript to make some controls and types of content available. Find out how to enable it. Menu Home Employers Employer Home Contact us for an initial chat Fixed price employment documents Online Advice Starting employment: Contracts and policies Contracts and incentives Staff handbooks During employment: handling staff problems Contract changes Disciplinary issues Grievances Sickness issues Training Tribunals Common issues raised by staff Bullying and harassment Constructive dismissal Discrimination Family rights and flexible working Holiday and working time Ending employment Dismissing staff Redundancies Settlement agreements Unfair and constructive dismissal TUPE Buying and selling a business.
How do I know if I am an employee or worker? Express terms As the name suggests, express terms are those expressly agreed between you and your employer. These are likely but not necessarily to include: how much you get paid, including any overtime, holiday pay or bonus pay your hours of work, including overtime any other benefits such as pension entitlements your holiday entitlement any sick pay entitlement the amount of notice required by you or your employer to end the employment Can you have express terms without a written contract of employment?
Implied terms In addition to anything you may have expressly agreed with your employer, the law also implies certain terms into your contract of employment.
Some significant implied terms which apply to employers are: to provide a safe place for you to work not to ask you to do anything illegal to deal with any grievance you raise in a timely manner As an employee, the implied terms in your contract mean you have an obligation to: comply with any reasonable instructions from your employer co-operate with your employer not disclose confidential information not compete in business against your employer while still working for them There is sometimes a mistaken belief that just because you have worked in a certain way for a significant period of time, there is an implied term entitling you to work that way.
Statutory rights without contract of employment You and your employer can agree almost any express terms you like but neither of you can agree to a term that leaves you worse off than is provided for by the law statute. Handling discipline and grievances at work - Labour Relations Agency guidance. Also on this site.
The written statement. The employment contract. HR documents and templates. Managing staff performance. An appeal is the third step of the statutory grievance procedure and if you want to take your case to an Industrial Tribunal you must have appealed against the decision before making your claim. If you do not, any compensation you win may be reduced. Your grounds for appeal should be reasonable.
Minor breaches of procedures, or your personal feelings, won't usually change the decision that has been reached. The appeals process is similar to the disciplinary procedure:. Make sure you know what the time limit is for appealing, which are often in the written procedures. If you're not given enough time to appeal, do what you can and provide any other necessary information later.
In small firms it may not be possible to find someone with higher authority than the person who took the original disciplinary decision. If this is the case, that person should act as impartially as possible when hearing the appeal and should use the meeting as an opportunity to review the original decision. You have the right to be accompanied to this meeting. You can't make an Industrial Tribunal claim against a warning, although you could claim constructive dismissal if you decide to leave.
A better approach is to suggest mediation or conciliation. If you don't accept the decision, you should first check to see if you have a further right of appeal. In some situations, subject to the early conciliation process, you can make a claim to an Industrial Tribunal. Possible grounds for making a claim include:. You can also make a breach of contract claim through a civil court if your employer has broken the terms of your contract.
The usual time limit for making a tribunal claim is three months. If the appeals process isn't completed within the normal time limit, the tribunal may extend it by a further three months.
If you are unsure about the time limits, you should seek advice from an expert. If you face disciplinary action, and aren't sure what to do, you can get advice about your rights. Advice NI offers free and unbiased advice, and you may be able to get help from a union if you are a member.
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