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Do you know your workplace rights?You will often hear people say ‘I know my rights’ but the reality is they don’t. Check out our brief guide to some of the most common questions. Q. I want to change my hours to fit around my childcare arrangements - what are my rights?If you have a child under six, or a disabled child under the age of 18 and you have worked for your employer for 26 weeks, you now have the right to ask your employer to change your hours to fit in with your childcare responsibilities.You must follow the set procedure as failure to do so will see your application rejected. It is important to get it right as you can only make one application a year. Any change to your contracted hours you agree to represents a permanent change, unless you agree a 'trial' period or a review date with your employer at the very outset. Contact your Usdaw office for help and advice on how to make an application, which must be in writing. Any refusal by your employer must also be in writing. If your employer does not follow the procedure then you can take a claim to an employment tribunal.
Q. Do part-time workers get the same rights as full-time workers?Part-time workers must be treated no less favourably than full-time workers and are covered by the Part-time Workers' Regulations which prohibit discrimination in all matters including; rates of pay, overtime, contractual sick pay, contractual maternity pay, company pensions, access to training, holidays, parental leave, and redundancy rights. Check your contract of employment and employee's handbook. Take up any concerns with your Usdaw rep. Q. What should I do if I am dismissed or made redundant?Whatever your hours or your length of service these are the steps you should follow:
Usdaw will help you at each stage, so keep in touch and always tell your rep or official what you're doing.
Q. Can my employer dismiss me or make me redundant during my pregnancy/maternity leave?You cannot be dismissed or selected for redundancy because of pregnancy or maternity leave, or unlawfully denied the right to return. If you are dismissed you can claim unfair dismissal, sex discrimination and breach of maternity rights.If you are made redundant during maternity leave, your employer should give you first refusal of any vacancy/alternative jobs. Dismissal for exercising any of the new family friendly rights is automatically unfair.
Q. Does my employer have a legal duty to protect me from racial harassment at work?Yes. It is the employer's responsibility to ensure all workers have a working environment free from harassment. This includes racial harassment. This means that the employer is responsible, not only for their own actions, but also for the actions of their employees.The union is committed to stamping out racism wherever and whenever it occurs. Legislation such as the Race Relations Act, the Health and Safety at Work Act and the Protection from Harassment Act all provide members with legal protection. Combine this with the support from Usdaw and no member should have to endure any form of racism.
Q. I am under 18 what hours can I work?There are different restrictions for school children and for young workers who have reached the minimum school leaving age.Children under 13 should not be working and there are restrictions on the kind of work and hours of work for older schoolchildren. For young workers (aged 16-17) who have left school, working time is restricted to 40 hours a week, 8 hours a day; and night work is prohibited between midnight and 4:00am. The 40-hour week/8-hour day rules are absolute. Unlike the 48-hour week for adults they are not averaged over a reference period. If the young person works for more than one employer the hours should be aggregated. Employers must also do special risk assessments for young people that take account of their lack of experience. Look at the Guide to Young Workers.
Q. Can I take up the free will writing offer from the first day of joining Usdaw?Yes, every Usdaw member, and his or her partner, is entitled to make a will free of charge through the Usdaw panel of solicitors. Non-members could face a bill of £100 for a similar service.It is important for your family - and your own peace of mind - that your affairs are in order upon your death. It is, therefore, important to make a will to ensure that your property passes to the people you choose. Please note: if your affairs and will are especially complex, the solicitors may need to make a charge, but they will discuss this with you beforehand. Use Usdaw Form BL4 (black and red) to apply.
Q. I don't have any children, can I claim Tax Credits?Possibly. Working Tax Credit can be paid to people on a low income without children. There are three different groups of people without children that might qualify for Working Tax Credit.
If in doubt, put in a claim. You can visit the Inland Revenue web site and complete the section 'Do I qualify?' at www.taxcredits.inlandrevenue.gov.uk While this advice is accurate it is not a definitive guide to the law. If you have any concerns you should contact your local rep/official or ring the helpline 0845 6060640.  Printer Friendly Page  Email to a Friend
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