Your rights
Top Tips
- All employees have basic rights as soon as they start work. Make sure you know what your rights are.
- Don't be afraid to ask for advice if you think you are being treated unfairly at work. There are plenty of local organisations available to help.
Most employees never have to resort to the law to get a fair deal during their working lives, but it's worth making sure you understand your basic rights and know where to get help and advice if things go wrong.
People are entitled to fair treatment throughout their careers, including when applying and being selected for a job, considered for promotion at work, or looking for opportunities for training and development.
Topics in this section:
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Basic employment rights
All workers have basic rights as soon as they start work and acquire more rights once they have worked for an employer for a set period of time. Check out advice from the
Citizens Advice Bureau Scotland.
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Discrimination laws
Discrimination happens when an employee is treated less favourably than others on the grounds of age, disability, gender, race, nationality or ethnic background, religion or belief, or sexual orientation.
Laws are also in place that protect employees from being treated less favourably because they work part-time or are on fixed term contacts.
If you're looking for a new job and you think a potential employer has discriminated against you, it's worth revisiting the job description and asking them for feedback as to why you were not selected. You may also ask to see the results of any aptitude or personality tests that you may have taken.
For advice and information on discrimination:
The Commission for Racial Equality in Scotland offers information on the law.
The Equal Opportunities Commission Scotland. This is a good place to start for information on sex discrimination, an explanation of the law, and guidance on what to do if you think you are being discriminated against.
Information on the rights of disabled people at work is available from the
Disability Rights Commission Scotland.
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Pay at work
The minimum wage ensures that people aged 16 and over receive a fair standard of pay, wherever they work. Minimum wage levels usually increase annually.
See the latest minimum wage figures.
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References
References are often used by a potential employer to decide whether you're suitable for a job. It's good practice for employers to give references, but in most cases they are not obliged to do so. A reference must be accurate and shouldn't mislead anyone reading it.
If you are refused a reference because of complaints you have made against an employer in the past, or if you think your reference is misleading or inaccurate, it is worth seeking legal advice.
Once you start working for a new employer you can ask them for a copy of any reference they've been given from previous employers. They should supply it under data protection law.
More information on references is available at the
DirectGov website.
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Job offers
Before you accept a job offer make sure you know your rights and what a prospective employer expects of you. Once you've accepted a job you have a contract of employment - this doesn't have to be in writing.
Your employer must give you a written statement of the main terms such as pay, hours of work, holiday entitlement and sick pay arrangements, within two months of you starting work.
Find out more about job offers from the
DirectGov website.
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Parents rights
As well as maternity and paternity leave, parents of young children now have the right to take additional leave from work. This is unpaid unless your contract of employment says otherwise.
- Parents who have worked for their current employer for at least 12 months can have up to 13 weeks' leave for each child up to the age of five.
- Parents of children with disabilities are entitled to 18 weeks' leave until the child's 18th birthday.
The legislation is aimed at giving parents the time to care for young children, make arrangements for their welfare or simply to spend quality time with their child.
All employees also have the right to take a reasonable period off work to deal with an emergency involving a dependent such as a child, partner or parent.
Detailed information on maternity leave and allowances, paternity leave and parental leave is available from
Acas.
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Sick pay entitlement
Provided you earn more than a certain amount, you should be eligible for Statutory Sick Pay (SSP). Some employers have their own, more generous, sick pay schemes.
Laws designed to improve the rights of people with disabilities are also affecting the way that employers deal with staff that have to take long periods off work when they are sick.
Find out more about SSP from the
Department for Work and Pensions.
Find out more about sickness and disability from the
Disability Rights Commission.
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Legal advice
There's lots of advice available online to help you with your rights at work.
DirectGov has advice on all employment issues. It also has interactive tools to help you assess your employment rights. Check out the guide to
Employment Rights and Responsibilities and
Maternity, Paternity and Adoption Rights.
Citizens Advice Scotland has a network of local offices around the country.
Acas offers comprehensive coverage of employment rights.
Worksmart is a TUC-run site offering useful advice
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