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Employment legislation

This section gives you a brief overview of your rights as an employee/trainee in the workplace in relation to:

Age Discrimination

From 1 October 2006, there is legal protection against age discrimination. It is no longer lawful to discriminate on grounds of age in respect of: 

  • Applying for a job or promotion.
  • Pay rates.
  • Workplace benefits and holidays.
  • Redundancy, pensions and retirement.

For further information visit DirectGov.

A handy leaflet is available from the Age Concern Scotland Website.

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National Minimum Wage

The National Minimum Wage is a legal right which covers nearly all workers in the UK. If you are entitled to the National Minimum Wage, your employer cannot force you to accept a lower rate of pay. From October 2007, the minimum wage is:

  • £3.40 per hour - for anyone aged 16 - 17
  • £4.60 per hour - for anyone aged 18 – 21 inclusive
  • £5.52 per hour - for anyone aged 22 or over

The National Minimum Wage does not apply to:

  • Certain trainees on government training schemes
  • Apprentices aged 18 and under (Skillseekers)
  • Modern Apprentices aged 19 to 25 for the first 12 months of their training

Exceptions:

  • All apprentices aged 26+ must be paid the minimum wage of £5.52 per hour
  • Some workers who are aged 22 and above who are in a new job and receiving accredited training can be paid at the lower rate of £4.60 per hour for up to 6 months

National Minimum Wage Helpline 0845 6000 678 (8am – 6pm Monday to Friday)  

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Equal Pay

The Equal Pay Act 1970 (EPA) gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing any of the following:

  • Like work
  • Work rated as equivalent by a formal job evaluation
  • Work that is proved to be of equal value

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Working Time Regulations

These Regulations provide a number of basic rights and protections:

  • a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to)
  • a limit of an average of 8 hours work in 24 which night workers can be required to work
  • a right for night workers to receive free health assessments
  • a right to 11 hours rest a day
  • a right to a day off each week
  • a right to an in-work rest break if the working day is longer than six hours
  • a right to four weeks paid leave per year

An employer can include public holidays in the 4 weeks entitlement. This 4 weeks is not in addition to any contractual leave. Entitlement to paid annual leave starts from the first day of work and not after the first 13 weeks of employment. Certain occupational sectors (such as doctors in training, seafarers) are currently excluded from these regulations.

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Parental Leave and Time off for Dependants

Male and female employees can take unpaid leave for a stipulated period if they are the parent of a child born or adopted after the 15 December 1999.

Employees have the right to take reasonable time off work, without pay, to deal with an emergency involving a relative or dependant.

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Right to Time Off for Study or Training

The right to Time Off for Study or Training is designed to help you if you are aged 16 - 17, got few if any qualifications at school, and are now employed in a job which offers little or no training.

Certain employees aged 18 have the right to complete any study or training already started.

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Sex Discrimination

It is unlawful to discriminate on the grounds of sex in:

  • the recruitment and selection process
  • the terms and conditions under which the job is offered
  • the benefits, facilities or services granted to employees
  • dismissals or other unfavourable treatment of employees

There are certain exemptions if one of the defined genuine occupational requirements applies.

For more detailed information contact: Equal Opportunities Commission on 0845 601 5901 or visit the Equal Opportunities Commission website.

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Race Discrimination

It is unlawful to discriminate against anyone because of their race, religion, colour, nationality, ethnic or national origins.

For more detailed information contact: Commission for Racial Equality on 0131 524 200, or visit the Commission for Racial Equality website.

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Disability Discrimination

It is unlawful for an employer with 15 or more employees, to discriminate against current or prospective employees because of their disability.

There are two ways in which an employer might unlawfully discriminate against a disabled employee or job applicant:

  • by treating him or her less favourably (without justification) than other employees or job applicants because of his or her disability, or
  • by not making reasonable adjustments (without justification)

For more information:Contact the Disability Rights Commission on 0845 762 2633 or visit the Disability Rights Commission website.

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Rehabilitation of Offenders

The Rehabilitation of Offenders Act relates to ex-offenders' employment opportunities. Under certain circumstances, it enables them to 'wipe the slate clean' of their criminal record once a period of time has lapsed from the date of sentence.

Provided they have not been re-convicted for another offence, their conviction is said to become spent and, for the purpose of employment, it can be treated as though it never existed.

The Act only covers custodial sentences up to two and a half years. Custodial sentences of a longer period must be declared where asked for.

For more detailed information contact: Apex Scotland on 0131 220 0130 or visit the APEX Scotland website.

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Disclosure Scotland

Disclosure Scotland helps organisations make safer recruitment decisions when duties involve contact with children or adults at risk.

It manages a system of disclosing criminal history information to individuals and organisations for employment and other purposes.

It provides three levels of criminal history checks (Basic, Standard and Enhanced), known as Disclosures, to individual applicants and, where appropriate, Registered Bodies.

For further information visit the Disclosure Scotland website.

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Notice of Termination of Employment

Legally both employers and employees have the right to receive a minimum period of notice of termination of employment.

  • Employees - One week’s notice if employed for one month or more, irrespective of length of service
  • Employers - A minimum of one week’s notice if the employee has been employed continuously for one month or more but for less than two years
    • A minimum of two weeks’ notice if the employee has been employed continuously for two years
    • An additional one week’s notice for each further complete year of continuous employment up to fewer than twelve years
    • At least twelve weeks notice for twelve years or more continuous employment

For further information on Employment Legislation visit Directgov.

Disclaimer: Remember Employment Laws change and it is advisable to contact the relevant agencies for more detailed information.