If you own a business, you should be aware of the three basic rights of workers to make sure that those who work for you are being treated fairly. After all, any good business owner wants their staff to feel safe, secure and respected, so this is an ideal place to check that you are providing everything you need to maintain basic workers' rights and keep your employees happy.
In every circ*mstance where you are acting as an employer, you must know the basic employment rights of a worker. Whether you’re looking to hire someone new, or you need to resolve a dispute about employment rights with an existing employee, you will need to make sure that the basic rights of an employee are being upheld to avoid any misunderstandings or legal issues.
What are employment rights?
If you’ve ever asked yourself ‘what are the 3 basic employment rights for a worker?’ you are probably already pretty aware of the concept of employment rights. But to be perfectly clear, the basic rights of an employee are the minimum privileges each and every worker in the country is entitled to according to the employment law. These range from how much you deserve to be paid, how much time off you have, and how you are treated in the workplace.
What does it mean to be a worker?
A worker is someone who provides services for a cause or organisation in exchange for money, as long as their contract or arrangement lasts.Even if someone does not work full time they are still classed as a worker and will have the basic workers’ rights.
The 3 basic employment rights for a worker in the UK explained
The three basic rights of workers include rights concerning pay, hours and discrimination. Workers are entitled to these rights through the law and may declare their employer if they do not respect these rights.
- Firstly, basic workers' rights include the need to be paid at least the national minimum wage and they are protected against unlawful deductions of pay.
- Secondly, workers must have the statutory minimum level of paid holiday and rest breaks and do not have to work for more than 48 hours a week (although they can choose to work more and opt-out of this).
- Finally, basic employment rights for a worker include protection against unlawful discrimination, unfair dismissal, whistleblowing (being discriminated against for declaring any issues with their employer) and unfair treatment for being a part-time worker.
What are the 3 types of employment status?
Whilst workers' basic rights apply to all employees, the employment status of a worker may mean that their rights are slightly different.The three main types of employment include ‘worker’, ‘employee’ and ‘self-employed’.
All of the three basic rights of workers explained above also apply to ‘employees’, the only difference between an employee and a worker is that a worker does not have to work under a contract of employment like employees do. Workers could include agency worker, short-term casual worker and even some freelancers.
An employee’s contract may include a minimum length of continuous employment before some rights apply. It may also include details about statutory sick pay, maternity pay, paternity pay, adoption pay or parental pay/parental leave, the right not to be unfairly dismissed and legal redundancy pay.
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If you're self-employed, you don’t have basic rights as an employee as such, as you are your own boss and can therefore decide how much to charge for your work and how much holiday to give yourself. However, you do still have the same legal protection against discrimination and you must be provided a safe and healthy working environment.
It is often not completely clear what the employment status of a worker is, so if an employer and employee disagree with this or are unsure, an Industrial Tribunal will make its decision based on all the circ*mstances of a case.
Get legal assistance from LawBite
Employment law can be difficult to navigate. If you need legal advice concerning basic employee rights or you have questions about an employment contract, LawBite has friendly employment lawyers, solicitors and mediators who will give you clarification and help you with your issue.
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LawBite’s advice is clear to understand and easy to access. It is also a lot more affordable, generally 50% less than similar high street lawyers. So if you’re worried about any of the basic rights of workers and need expert legal advice, make an enquriy and get the support you need.
Additional useful information
Read more of our latest blog posts, featuring all the latest legal news, analysis and opinion from our expert employment lawyers.
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- Homeworking Employees? How To Protect Your Company's Cybersecurity
- Contract Dispute Resolution - Get ahead of your counterpart
- Zero Hours Contracts - A Business Benefit Or A Risk?
- Fixed-term employment contracts: Best of both worlds?
- Permanent Employment Contracts: What you need to know
- The different types of employment contracts you should consider
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In closing
Nothing in this article constitutes legal advice on which you should rely. The article is provided for general information purposes only. Professional legal advice should always be sought before taking any action relating to or relying on the content of this article. Our Platform Terms of Use apply to this article.
FAQs
Right to be free from unlawful discrimination and harassment. Right to a safe workplace free of dangerous conditions, toxic substances, and other potential safety hazards. Right to be free from retaliation for filing a claim or complaint against an employer, often called "whistleblower" rights.
What are three rights that you have as an employee? ›
United States trade law adds “acceptable conditions of work” with respect to minimum wages, hours of work, and occupational safety and health to that list, calling them "internationally recognized labor rights."
What are the three basic rights? ›
Right to life, liberty and personal security.
What are the rights of workers list at least three? ›
Employees have the following rights:
- not to be unfairly dismissed or discriminated against.
- to be provided with appropriate resources and equipment.
- to have safe working conditions.
- to receive the agreed remuneration on the agreed date and time.
- to receive fair labour practices.
- to be treated with dignity and respect.
Know Your Rights
You have the right to speak up about hazards without fear of retaliation. You also have the right to: Receive workplace safety and health training in a language you understand. Work on machines that are safe.
What are illegal things the employer cannot do? ›
An employer may not base hiring decisions on stereotypes and assumptions about a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Can a job fire you for he say she say? ›
2000), “an employer may fire an employee for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all, as long as its action is not for a discriminatory reason.” As the language of the Abel court reflects, firing an employee based on erroneous facts derived from hearsay is not, standing ...
What are the top 3 least important rights? ›
The rights ranked as some of the least important by all eight countries include the right to fight elections without spending limits, the right to operate a company with few regulations, and the right to live in an area without many immigrants.
Which is the most basic employee right in the workplace? ›
The most basic employee right in the workplace is the right to fair treatment.
What are the most basic rights? ›
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
making offensive comments or exposing a colleague to offensive material at work; treating one worker or group of workers less well than others in terms of pay, benefits, or privileges; terminating workers based on reasons other than performance or conduct; and. any conduct that makes someone uncomfortable at work.
Can an employer violate your constitutional rights? ›
If you work for a private employer, then, the First Amendment does not protect your speech in the workplace. Your employer can restrict your rights to free speech without implicating the First Amendment. Private employers are any entities that are not a part of the government.
What are an employer's responsibilities to employees? ›
Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act. Examine workplace conditions to make sure they conform to applicable OSHA standards. Make sure employees have and use safe tools and equipment and properly maintain this equipment.
Which is not an employee responsibility? ›
The correct answer is e. Acting in the employer's best interests. Employee responsibilities typically include ensuring safe work conditions, providing competent work, being punctual, and acting with honesty and loyalty. However, acting in the employer's best interests is not considered a responsibility of employees.
What is an unsafe working condition? ›
Unsafe working conditions refer to any situation in which employees are exposed to hazards that could cause physical harm or illness. These hazards include anything from dangerous machinery and chemicals to poor lighting and ventilation.
How long does an employer have to write you up after an incident? ›
Writing up is a custom and a business practice, not a legal matter. No law limits the time in which an employer can write you up. A long period between the alleged offense and the write up would diminish its evidentiary value.
What are my human rights as an employee? ›
You have a right to work free of discrimination. This means that your employer cannot make job decisions because of your race, color, religion, sex (including pregnancy, sexual orientation and gender identity) national origin, disability, or genetic information.
What are some rights in the workplace? ›
You have the right to work in an environment free of discrimination. You cannot be denied employment, harassed, demoted, terminated, paid less, or treated less favorably because of your race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran.
What are the basic rights and common benefits of employees? ›
In California, workers have the right to fair wages and breaks, to a safe and healthy workplace, to take action by filing a claim or complaint against an employer without repercussions, and benefits if they are injured or unemployed.
