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What Employers Must Know About the Statutory Right Not to Suffer a Detriment in the Workplace

In this fourth post about the statutory rights of employees, employee shareholders and workers, we look at the grounds under which they have the the right not to be subjected to any detriment by any act, or any deliberate failure to act, by their employer.

With an ever changing legislative landscape and recent changes to employment law in areas such as flexible working and parental leave, employers could unknowingly cause an employee or worker to believe they have suffered a detriment and thus expose themselves to a possible Employment Tribunal Claim.  

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.

In our final two updates we will be looking at the statutory rights of employees, employee shareholders and workers in respect Time off and Termination.  Follow us on Twitter @EmployEasilyHR to keep informed.

Below is a summary of the statutory rights of employees, employee shareholders and workers in respect being subjected to a detriment.

Detriment

Statutory right

Statutory reference

Employee

Employee shareholder

Worker

Not to suffer detriment for exercising rights as a part-time worker

Regulation 7, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)

Y

Y

Y

Not to suffer detriment for exercising rights as a fixed-term employee

Regulation 6, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034)

Y

Y

N

Not to suffer detriment for exercising rights in respect of the Working Time Regulations 1998

Section 45A, ERA 1996

Y

Y

Y

Not to suffer detriment for exercising rights in respect of a protected disclosure

Section 47B, ERA 1996

Y

Y

Y

Not to suffer detriment for exercising the right to be accompanied at a disciplinary or grievance hearing

Section 12, Employment Relations Act 1999

Y

Y

Y

Not to suffer detriment for exercising rights in respect of health and safety cases

Section 44, ERA 1996

Y

Y

N

Not to suffer detriment for exercising rights in respect of Sunday working

Section 45, ERA 1996

Y

Y

N

Not to suffer detriment for exercising rights as a pension scheme trustee

Section 46, ERA 1996

Y

Y

N

Not to suffer detriment for exercising rights in respect of acting as an employee representative

Section 47, ERA 1996

Y

Y

N

Not to suffer detriment for exercising rights in respect of taking time off for study or training

Section 47A, ERA 1996

Y

Y

N

Not to suffer detriment for exercising rights in respect of trade union membership

Section 146, TULRCA

Y

Y

Y

Not to suffer detriment for exercising rights in respect of family and domestic leave

Section 47C, ERA 1996

Y

Y

N

Not to suffer detriment for requesting the right to flexible work

Section 47E, ERA 1996

Y

Y

N

Not to suffer detriment as a result of jury service

Section 43M, ERA 1996

Y

Y

N

Not to suffer detriment for performing functions of a representative on a European works council

Regulation 31, Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323)

Y

Y

N

Not to suffer detriment for exercising rights in respect of the national minimum wage

Section 23, National Minimum Wage Act 1998

Y

Y

Y

Not to suffer detriment for performing functions of a representative under a negotiated information and consultation agreement or the standard information and consultation provisions

Regulation 32, Information and Consultation of Employees Regulations 2004 (SI 2004/3426)

Y

Y

N

Not to suffer detriment for exercising prescribed rights as an agency worker

Regulation 17, Agency Workers Regulations (2010/93)

Y

Y

Y




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