Law mandates that employers follow certain standards for pay, leave, and working hours. The Working Time Regulations, the Equality Act of 2010, and the Equality and Human Rights Commission’s (EHRC) statutory code of practice on equal pay are a few examples of regulations that protect workers from being exploited by their employers (Suff, 2022e).
Equal Pay
Men and women have the legal right to receive the same pay for comparable or equally valued effort, as well as equal pay for equal work, according to the Equal Compensation for Equal Work Act of 2010 (Acas, 2022a).
What counts as equal work?
According to the law, “equal work” counts as:
- “Like work” – Work with Similar job and skills.
- “Work rated as equivalent”– equal work, typically utilizing a fair employment evaluation. Might be due to the work requiring the same effort and responsibility.
- “Work of equal value” – effort that is different but equally valuable. Can be as a result of the workplace demands and the importance of knowledge level, training, experience and responsibility required (Acas, 2022a).
National Minimum Wage entitlement
An employer is required by law to pay a minimum wage for each hour an employee works. This is known as the National Living Wage (NLW) for people over the age of 23 and National Minimum Wage (NMW) for people above 23 or a trainee (Acas, 2022a). The UK living wage stands at £9.50 while minimum wage stands at £9.18 since April 2022.
Working Time and leaves
Employers have a responsibility to ensure the health and safety of all of their employees, which includes guarding against overwork and a pattern of long hours. The Working Time Regulations of 1998 (WTR) is the principal set of rules governing working hours in the United Kingdom (Suff, 2022e). The regulations specify minimal requirements such weekly working hours, holiday privileges, and annual leave.
The basic rights
The following fundamental rights and safeguards are currently accorded to employees under the WTR:
- The maximum number of hours a person may be forced to work in a 17-week period is 48 on average (Suff, 2022e).
- On average, night labourers are only permitted to work 8 hours every day.
- The entitlement to 11 hours of sleep per day.
- The right to a free day each week.
- The right to a rest break during the workday if it lasts longer than six hours.
- The entitlement of full-time employees to 28 days of paid leave per year (Suff, 2022e).
Special Leaves and time offs
Maternity, paternity, adoption and parental rights
Maternity leave
An expectant woman is entitled to 52 weeks of leave, known as statutory maternity leave (SML). There is no waiting period to take advantage of the leave, however there is for receiving portion of the mandatory maternity pay. Maternity leave can start no earlier than the first day of the eleventh week before the due date (Suff, 2022e). The woman is responsible for informing her employer of her due date and her desired leave start date. Within 28 days of receiving the request, the employer must respond with the employee’s anticipated date of return from maternity leave (Suff, 2022e).
Maternity pay
To qualify for Statutory Maternity Pay (SMP), mothers must have worked for their employer for at least 26 weeks continuously (assessed at the 15th week before the baby is due) and have met the relevant lower limit for National Insurance contributions. SMP is paid at 90% of average weekly wages for the first six weeks, and at the lower statutory level thereafter (Suff, 2022e). Pregnancy and maternity discrimination, such as reductions in salary or other terms, are illegal under the Equality Act of 2010.
Paternity Leave
The primary requirements for receiving basic paternity leave are being the baby’s biological father or the companion of the expectant mother and having been employed continuously for 26 weeks by end of the 15th week prior to the baby’s birth. The basic statutory leave of up to two weeks is given between date of the baby’s birth or any day that week and 56 days after the baby’s birth, or as otherwise agreed (Suff, 2022e). At the latest by end of the15th week before the baby is due, the worker must tell the employer of his desire to take paternity leave, including the start date, the week the baby is due, and the length of leave. When an eligible worker returns from paternity leave, he must be reinstated to their previous position with no negative changes made to their working circumstances or terms of employment.
Adoption Rights
Since April 2015, the UK has offered statutory adoption leave and pay that are comparable to those of statutory maternity leave and pay, with a maximum of 52 weeks of adoption leave allowed. To be eligible for Statutory Adoption Pay (SAP), an employee must have been continuously employed for 26 weeks prior to the start of SAP and the pay period must last at least 39 weeks.