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Statutory Rights of Employees, Employee Shareholders and Workers - The Contractual Relationship

Last week we posted about Understanding Employment Status, the Risk of Getting it Wrong and What Employers Can Do to Avoid them.

This post, the first in a series of six, highlights the various statuotry rights of employees, employee shareholders and workers and during the contractual relationship.  In our next five updates we will be looking at Families and Pregnancy, Discrimination, Detriment, Time off and Termination.  Follow us on Twitter @EmployEasilyHR to keep informed.

At EmployEasily, we help Employers to identify the status of workers they engage with a view to providing them with a full audit to ensure they are adequately protected and meeting their legal obligations.  If you would like a Free Consultation you can either Call us Today on 0800 612 4772 or Contact Us via our website.

Statutory right

Statutory reference

Employee

Employee shareholder

Worker

Written particulars of employment

Section 1, Employment Rights Act 1996 (ERA 1996)

Statutory sick pay (SSP)

Statutory Sick Pay (General) Regulations 1982 (SI 1982/894) and Social Security Contributions and Benefits Act 1992

However, see note 1

Protection against unlawful deduction from wages

Section 13, ERA 1996

Itemised pay statement

Section 8, ERA 1996

Guarantee payments

Section 28, ERA 1996

Certain payments on insolvency

Part XII, ERA 1996

Remuneration during suspension on medical grounds

Section 64, ERA 1996

National minimum wage

Section 1, National Minimum Wage Act 1998

Paid annual leave

Regulation 13, Working Time Regulations 1998 (SI 1998/1833) (WTR) 

Rest breaks

Regulation 12, WTR

Maximum working week

Regulation 4, WTR

Protection on the transfer of undertakings

TUPE

 

However, see note 2

Right to be accompanied at a disciplinary or grievance hearing

Section 10, Employment Relations Act 1999

Protection for making a protected disclosure (whistleblowing)

Part IVA, ERA 1996

Vicarious liability of the employer for the employees' tortious acts

N/A

Not to be refused employment because of membership or non-membership of a trade union

Sections 137 and 138, TULRCA

Protection under the Data Protection Act 1998

Data Protection Act 1998

Right of shop and betting workersto refuse to work on a Sunday

Part IV, ERA 1996

Right to pension contribution from employer under the auto-enrolment scheme

Pensions Act 2008

However, see note 3

Note 1: "qualifying employees" are more widely defined in this context than under the normal employment status tests and include all those whose earnings are liable for class 1 National Insurance contributions. Therefore a worker could qualify. 

Note 2: regulation 2(1) of TUPE defines an employee in slightly wider terms than is normally used for employment protection purposes. The term, for the purposes of TUPE, means any individual who works for another person, whether under a contract of service or apprenticeship or otherwise, although the definition does not include anyone who provides services under a contract for services. It is therefore likely that workers would fall within this extended definition.

Note 3: this right only applies to a worker whose employer has passed the "staging date" assigned to it by the Department for Work and Pensions and who satisfies the definition of an "eligible jobholder".

 

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