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5 Individual Protection Rights

Understand the complexities of working time regulations, including worker definitions, annual leave, wages, and more. Learn about statutory maternity, paternity, adoption leave, and parental leave. Get insights on national minimum wage and sick pay schemes.

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5 Individual Protection Rights

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  1. 5 Individual Protection Rights

  2. Working Time Regulations • Definition of a ‘worker’ • Those excluded from the Regulations • Definition of ‘work’

  3. Requirements of the Working Time Regulations • Annual leave • Limited maximum working week • Protection for night work • Rest breaks

  4. Wages • Definition of wages • Right to an itemised pay statement • Deductions from wages – required by law – agreed to in writing – agreed to in contract of employment

  5. Guarantee payments • Payment when no work available • Employee loses the right if: – the failure to provide work relates to industrial action – the employee refuses a suitable alternative – the employee does not comply with reasonable attendance requirements

  6. National Minimum Wage • Current rates • Definition of ‘work’ • Failure to pay

  7. Sick pay • No legal requirement for employer to have a sick pay scheme • Statutory Sick Pay • Suspension on medical grounds

  8. Maternity leave • Sex discrimination • Ante-natal care • Compulsory maternity leave • Ordinary maternity leave (OML) • Additional maternity leave (AML)

  9. Returning to work • From OML – to the job that was left • From AML – to the job that was left, unless not reasonably practicable. Then to a job of the same status and terms and conditions

  10. Statutory maternity pay • Paid for the first six weeks at 90% of salary • Then paid for 33 weeks at the lower rate (currently £112.75 per week)

  11. Statutory paternity leave • Leave of up to two weeks • Qualifying period of 26 weeks’ continuous service • Paid at the lower statutory maternity pay rate • Additional paternity leave

  12. Adoption leave • Mirrors maternity leave • Payment all at the lower statutory maternity pay rate

  13. Parental leave • Unpaid • 13 weeks’ leave (18 weeks’ if the child is disabled) • Taken in blocks of at least one week • No more than four weeks in any year • Taken before the child is aged 6 (18 if the child is disabled) • Taken for the purposes of child care

  14. Time off for dependants • Unpaid • Taken to deal with emergencies

  15. Time off for public duties • Membership of a local authority • Membership of a statutory tribunal • Membership of a health authority, NHS Trust or health board • Membership of a relevant education body • Membership of a police authority • Membership of the Service Authority of the National Crime Squad or the National Criminal Intelligence Service • Membership of a board of prison visitors or a prison-visiting committee • Membership of the Environment Agency

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