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Your Statutary Rights
1. My employer expects me to work long hours, is there a maximum that I can work each week?
The number of hours employees can work each week are governed by the Working Time Regulations. This governs the amount of time that employees from different industries can work and also covers those employees who may be exempt from the rules. The basic rule is that employees cannot be required to work more than 48 hours per week without specific agreement. To calculate the number of hours worked it is necessary to take the number of hours worked over a set reference period of 17 weeks to find the average. The regulations contain details of how to deal with illness and holidays during that period.
2. If I am off sick, am I entitled to be paid?
The amount you will be paid depends upon the terms of your contract with your employer and the amount payable under the terms of the Statutory Sick Pay (SSP) scheme.
Briefly, the first thing to do when you are absent due to sickness is to check the terms of your contract. It may be that the terms of your contract allow a limited time of contractual pay (i.e. her salary) during your absence. If this option is included then for the period stated you must receive your salary until that period expires.
Where the contract is silent or there is reference to SSP only, you will be paid under the terms of the SSP scheme as operated by the Inland Revenue. This means that for the first 3 days you will receive no salary and on the fourth day you will qualify for SSP at the current rate.
3. My employer has only allowed me three weeks paid holiday, is that right?
The Working Time Regulations also detail the amount of paid holiday employees and workers can receive in any year. The basic amount is 20 days although this can include the bank holidays as stipulated throughout the year. You need to check your contract and speak to your employer to find out if this entitlement includes bank holidays.
If the amount granted by your employer does include bank holidays this will not be enough and you will be entitled to another five days.
4. I am due to leave my job in the next few days. My employer says I have taken more holiday than I have earned and I have to refund some money. Can he do this?
To see if your employer can ask for a 'refund' you will need to check the terms of your contract. If the contract states that in these circumstances your employer can deduct the amount for the holiday you have taken then he will be able to do so.
However if your contract is silent on the point, or if you have no written contract, then this amount cannot be deducted without your consent. If your employer does still go ahead with his claim to deduct the amount from your salary, then it may be possible to make an application to the employment tribunal to recover this amount.
The questions in this section give you an outline of your legal rights. They are not a complete guide to the law and are not intended to be a guide to how the law will apply to you or to any specific situation. The questions are regularly updated but the law may have changed since they were published, so information in them may be incorrect or out of date
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