EMPLOYMENT RIGHTS ACT 1996

UK employment law has grown steadily over the last three decades as a strong trade union movement and membership of the European Union has facilitated law making to protect workers. Most employment rights are now embodied in statue that is by Acts of Parliament, rather than in Common Law which is the slow progress of influence resulting from judgements in court cases which alter the legal landscape gradually. 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.

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 by the Employment Rights Act 1996 will enable you to obtain more detailed legal advice and potentially, a resolution to any problem you have in the workplace.

The Employment Rights Act 1996 determines ways of wage payment and established you with the right not to suffer from unauthorised wage deductions. It offers you ‘guarantee payment’ – the guarantee of wages even where an employer is unable to supply you with work during your hours of employment. It has provisions concerning Sunday work, and gives you protection from ‘detriment’ during working hours.

One of the most important aspects of the Employment Rights Act 1996 concerns time off work. You are entitled to certain protections involving having time off that may be due to ante-natal care, training, or public duties. The Employment Rights Act 1996 outlines procedures involving suspension due to maternity leave or medical problems. The rights and obligations of 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 the Employment Rights Act 1996.

Another topic key to the Employment Rights Act 1996 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—is illegal, and gives an indication of the circumstances in which unfair dismissal has occurred. Crucially, the Act also provides a guarantee of redundancy payment.

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. The Employment Tribunal will provide the opportunity for dispute resolution via mediation, and if this is unsuccessful, then you may press matters further by appealing on a specific point of law in the more formal settings of an Employment Appeal Tribunal, presided over by a judge.

We deal with claims on behalf of employees relating to employment matters. We do not act for employers. Our solicitors are experts in their field and where possible they negotiate settlement failing which they will make application to an Employment Tribunal to resolve any dispute. Our solicitors operate the no win no fee scheme and make no charge whatsoever if the claim is lost. If compensation is recovered on your behalf then costs are charged based on a percentage of the total sum recovered. If you would like to discuss your potential claim with a specialist lawyer with no charge and with no obligation just use the free phone line or complete and send the contact form.