When moving to another country, most immigrants are faced with the problem of finding a job or starting their own business. In order to successfully start a new life, it is necessary to have a good knowledge of the local labour legislation in order to take into account all its peculiarities and understand your rights and obligations.
Today we are going to focus on British labour law. Obviously, it is impossible to cover all the nuances in one review, but we will try to touch on the main points.
To begin with, you need to know that getting a job in the UK requires you to be eligible and have all the supporting documents. Of course, illegal jobs exist all over the world, but the UK has some pretty strict measures in place to curb this. In 2024, changes to the law were passed that increase the fines for employing people without the right to work to control illegal hiring.
When you get your first job, each employee must get a National insurance number, which is also called a tax number. When calculating wages, the employer will have to take into account the deductions for each employee, which will include, depending on the amount of pay and other circumstances, deductions such as income tax, social security contributions and pension contributions. It is the state national insurance number that the employer will use to pay taxes and other deductions. You can apply for it online at the official state website.
All employed people need to be aware that on salaries above £80 per week, payment of National Social Security is compulsory and it is illegal to offer a job without it.
The legislation requires that labour must be paid. The national minimum wage from April 2024 is £11.44 per hour for people over 21, £6.40 for 16-17 year olds and £8.60 for 18-20 year olds. For those wishing to work in hospitality, it should be noted that these figures do not include tips. It is also worth looking out for the long-awaited Fair Tipping Act, which will come into force on 1 July 2024, and will bring significant changes to this issue.
When paying wages, an employer must always provide a payslip. It can be either in paper form or electronically. In this document, in addition to general information about the salary for the month, all accruals and deductions, including social security contributions and taxes, will be indicated.
As a general rule, the UK has a 37.5 hour working week. However, the employer and employee can agree on a different working pattern (without pressure from the employer). Despite this, the employee can request to return to the standard working week at any time and the employer has no right to refuse to do so.
In September 2024, a new piece of legislation will come into force that will allow employees to demand predictable working hours. This will be a step towards greater fairness in working conditions and will allow staff to have more control over their schedule and the terms of their employment contract.
As for night shift work, according to the law, it cannot exceed 8 hours. Night workers are also entitled to free medical examinations.
Speaking of holiday, employees are entitled to four weeks paid leave each year. According to the latest changes, employers are now required to provide full pay during the holiday. Additionally, from 1 April 2024, there is a new holiday scheme for employees with irregular working hours. Its aim is to provide greater flexibility and equality in holiday entitlements. Moreover, employees have been given the right to carry over unused holiday to the next period. It is also worth noting that there is no 13th pay in the UK.
Employers have a duty to provide a safe and healthy environment for their employees. This includes having facilities such as: toilets, washbasins and clean drinking water, keeping the workplace clean, with good ventilation and lighting, and maintaining any equipment used.
In relation to health, it is also important to mention the employer’s obligation to provide sick pay. Eligible employees can receive Statutory Sick Pay (SSP) of £95.85 per week for a maximum of 28 weeks.
When it comes to children, not only women but also men are entitled to parental leave in the UK. Women can claim 52 weeks of maternity leave, which they do not have to use in full. The benefit is paid for 39 weeks, of which the first 6 — the benefit is 90% of salary and the remaining 33 – 90% of salary or £184.03, whichever is lower.
And men can take 1-2 weeks within 56 days of the birth of the child and also receive the benefit if they provide all the necessary evidence of their partner’s pregnancy.
In the UK, special attention is paid to legislation on the protection of minorities. Therefore, by law, employers are also obliged to protect employees from any kind of discrimination, including age, disability, gender reassignment, race, religion, sex, sexual orientation, etc. Discrimination can be either direct or indirect.
On 26 October 2024, a law to protect workers from sexual harassment will come into force. This law will set new standards and oblige employers to take active measures to prevent sexual harassment in the workplace.
When an employer decides to dismiss an employee, he is obliged to state the legitimate reason why he has decided to terminate the employment contract. It is also obliged to give notice to the dismissed employee in accordance with the contractual or statutory minimum notice period, whichever is longer.
The Labour Law stipulates that when an employee has been officially employed with an organisation for one month to two years, the employer must give a minimum of one week’s notice of termination, and in other cases, one week for each year worked, but not more than 12 weeks in total. If the employer violates these conditions, the employee has the right to go to court and receive compensation.
Employment law in the UK is quite dynamic and constantly evolving, so both potential employers and employees need to keep up to date with all the news in this area.
If you are not a British or Irish citizen, your right to work in the UK is determined by the type of visa you are on. When applying for a job, you must provide proof of your right to work and you must also have electronic proof of entitlement to work, which employers can check online.
Unlike a traditional employment contract, a zero hours contract offers no job security. Many employers use such contracts in situations where the workload is unstable.
Yes, employees can be dismissed without prior notice, but only if they commit certain actions that are considered as gross violations of labour law, employment contract, and discipline. But even in these cases, the employer is obliged to comply with the dismissal rules throughout the entire process.
Yes, if an employee has breached the terms of an employment contract, the employee can be sued for financial losses related to that breach. Normally, the employer will sue in the County Court. But if the employee files a claim in the Labour Court, the employer can respond to the claim through that court.
Normally, an employee can only bring an unfair dismissal claim against an employer if they have worked for them for at least 2 years. However, there are exceptions to this rule. If an employee is successful in establishing an unfair or discriminatory reason for dismissal, seniority is not required in most cases.
If you are in the UK on a Skilled Worker visa and you are made redundant or made redundant, your employer must report to the Home Office that your employment has ended. This means that your visa is terminated and you have 60 days to find a new employer willing to provide a sponsorship certificate with which to obtain a work visa, or leave the country.
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