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Statutory employment rights derive from Parliament and are set out in legislation. These rights cover a wide range of issues such as wages, holiday entitlement and discrimination. Statutory rights are the basic minimum your employer must provide in terms of pay and working conditions. Your employer should  improve on these minimum rights, for example by paying workers more than the minimum wage. However, due to the lack of trade union organisation, it is rare for employers to improve pay and conditions much above the bare minimum in the hospitality sector. 

Any improvements on the statutory minimum employment rights will be laid out in your employment contract. Your employment contract can improve on the basic statutory rights  but can’t weaken or seek to take away any of your statutory rights. For example your employer cannot pay you less than the minimum wage or give you less holidays than the statutory minimum. If you feel that your employer is breaking your statutory employment rights the normal remedy is to take your employer to an employment tribunal. 

Many statutory rights cover workers from day one of their employment and cover both those classed as “workers” and “employees” (see employment status below). However, some rights only come into force after a set period and only apply to those classed as  “employees. For example the right to claim unfair dismissal and the right to redundancy pay only applies to those classed “employees” and only then after the “employee” has worked for their employer for two years. (for more information on your employment rights see below) 

If you feel that your employer is not complying with employment laws you should first raise the issue by approaching your employer informally, it is always best to do this in writing. However,  remember there is always strength in numbers so if the issue involved is affecting more than you, wherever possible, you should approach your employer collectively. This can be done by getting as many people as possible affected to sign a letter setting out how you feel your employer is not complying with the law. This will give you added protection, preventing your employer from trying to dismiss you if your employment status is that of an “employee” or denying you work if you are classed as a “worker” (for more info on employment status see below). Submitting a collective letter will not only give you extra protection, it can be the first step in building a strong and powerful trade union organisation in your workplace by promoting a sense of collective loyalty.

This process of informing your employer by letter that you feel they are breaking your statutory rights can take the form of a collective  or individual grievance.  Your employer should have a written grievance procedure that tells you what to do and what happens at each stage of the grievance procedure.  However, in submitting a grievance do not fall into the trap of seeing grievance procedures as being fair or independent. Workplace grievance procedures at the end of the day amount to little more than employers sitting as judge and jury over their own actions. Unsurprisingly then employers often do not treat workers’ grievances seriously. That is why here at the SFHWU we advocate taking some form of collective action as an alternative to, or in support of, submitting a grievance. 

In any letter submitted to your employer, either collectively or individually, you should make it clear that you feel your employer  is not complying with employment laws. This will give you an extra layer of protection because it is unlawful for your employer to dismiss you for claiming your statutory employment rights. This right applies from day one of your employment. If you are classed as an “employee” you can claim unfair dismissal if your employer dismisses you for claiming your statutory rights. 

Those classed as “workers” are in a much weaker position because they cannot claim unfair dismissal. Therefore, there is nothing to stop your employer denying you work once you have submitted a claim to a tribunal. For example, if you feel you are owed holiday pay you can make a claim to a tribunal but there is nothing to stop your employer denying you work or cutting your hours once you have made a claim. That is why it is even more important for those classed as “workers” to challenge employers collectively. (for more on employment status see below)

If your employer rejects your grievance you may be able to submit an application to an employment tribunal on the grounds that your employer is breaching your statutory rights. 

However, submitting a claim to an employment tribunal can be a bit complex depending on the issue involved. The most important thing to consider is the time factor, in most cases you have three months minus one day from the date the incident first occurred to submit a claim.  For example, if you were paid the wrong amount on 1 May, work out your time limit by adding three calendar months, then take off one day. This would give you a time limit that starts on 1 May and ends at 11:59pm on 31 July. However, wherever possible, you should always look to get your claim in early.

Here at the SFHWU we advise workers not to rely on legal procedures. As already noted with grievance procedures, employment tribunals do not favour workers; they can be difficult to win and it can take literally years. It is not uncommon for complex cases, involving a large number of workers, to take five years or more to complete. We therefore believe that when the issues involved affect more than one person, workers should look to take some form of collective action, alongside any legal process, as a means of forcing the employer to comply with the laws relating to statutory employment rights. 

You should contact the SFHWU for info on how to go about this, but the starting point for organising collective action is to hold a meeting of some form of all the workers affected by the issue involved. At the meeting the workers can democratically decide what form of collective action, if any, they wish to take. The action taken can take different forms, from strike action to relatively low risk forms of action, primarily designed to let your employer know the workforce is not happy with the situation. For example, a group of Starbucks workers began “a work to rule” that ended up costing the company thousands in lost takings. In another case, workers all started to wear the same coloured badges to work as a form of protest.

Advice on making an employment claim can be found here: https://www.gov.uk/employment-tribunals.

You can submit an application for an employment tribunal online here:https://www.claim-employment-tribunals.service.gov.uk/.

On, or before, the day you start work, your employer must provide you with a “written statement of employment particulars” setting out your main terms and conditions. Both those classed as “employees” and those classed as “workers” (see employment status below) are entitled to a written statement of employment particulars. The only category of worker not entitled to a written statement of employment particulars are the genuinely self-employed.

Your written statement of employment particulars is made up of:

• the main document (known as a ‘principal statement’)
• a wider written statement.

Your principle statement must be given to you on or before the day you start work. The principal written statement legally must include:

• your employer’s name
• your name, job title or a description of work, and a start date
• how much and how often you will get paid
• your hours and days of work, and if and how they may vary (also if you will have to work on Sundays, during the ‘night period’, or undertake overtime)
• your holiday entitlement (and if that includes public holidays) and how it will be calculated
• where you will be working and whether your employer can ask you to relocate if necessary
• your employer’s address and, if you are expected to work in different places, where these will be 
• how long your job is expected to last if a temporary contract (and what the end date is, if it’s a fixed-term contract)
• how long any probation period is and what its conditions are
• any other benefits (for example, childcare vouchers and lunch tokens)
• obligatory training and whether or not this is paid for by the employer
• the day or date you’ll be paid, for example each Friday or the last day of the month
• how you’ll be paid, for example cash, cheque or bank transfer.    

The principle statement must appear in one place but can take different forms; for example, it can take the form of a letter with a job offer that sets out your terms of employment or it can come as part of a staff handbook. However, no matter what form it takes, you should receive the principle statement containing the above information before or on the day you start work. Therefore, it is essential that you check all the documents given to you before or on the day you start work to ensure that you have received the above information set out in one place, whether that be part of a wider document or in a single document. You should keep all the documents provided to you by your employer in a safe place for future reference.

You should receive a “written statement of employment particulars” from your employer no matter what form of contract you are employed on, including zero-hours contracts, part-time contracts, fixed-term contracts, and so on.

On the first day of employment or before, the employer must also provide you with information about:

• sick pay and sickness procedures
• other paid leave (for example, maternity leave and paternity leave)
• notice periods.

Your employer can choose whether to include this information in the principal statement or provide it in a separate document. If they provide it in a separate document, this must be something that you have reasonable access to, such as on the employer’s intranet.

The wider written statement

Your employer must also provide you with a wider written statement within two months of the start of employment. This must include information about:

• pensions and pension schemes
• collective bargaining agreements 
• any other right to non-compulsory training provided by the employer
• disciplinary and grievance procedures.

Your employer must provide you with a wider written statement no matter your employment status, whether it be that of a “worker” or an “employee”. Your wider written statement should include any collective bargaining agreements, which are agreements made between a trade union and an employer in relation to your terms and conditions. If you are covered by the terms of a collective agreement it applies to you whether or not you are in a union. However, collective agreements are rare in the hospitality industry generally, and are virtually non-existent in smaller hospitality companies.

Your wider written statement can take different forms. Many employers include the wider written statement as part of your principle statement given to you on or before your first day. Other employers choose to include the wider written statement as part of another document, for example a staff handbook. You should therefore check through all the documents provided by your employer to ensure you have received the above information at the latest two months after the first day you started work. 

There are special rules for agency workers on the documents you should receive. They can be found here:

https://www.gov.uk/agency-workers-your-rights/basic-information-you-should-receive

Britain is almost alone in Europe in having three categories of worker: “employees”, “workers” and the “self-employed”. The employment status of “worker” is relatively new. Going back centuries, under the law, there were just two principal categories of worker, “employees” and “self-employed”. Employers often hire people on “worker” contracts as a means of denying workers some basic employment rights. For example, those categorised as “workers” cannot claim unfair dismissal or have the right to maternity pay.

There are two big advantages to the employer in employing people on “worker” contracts. Firstly, they do not have to guarantee workers a minimum number of hours each week, so they can vary the number of hours a person works from week to week to meet their needs. Secondly, they can get rid of workers without having to worry about the threat of being taken to an employment tribunal for unfair dismissal. Hiring people on a “worker” contract therefore gives the employer total flexibility to vary hours, and to hire and fire workers to meet their needs, with little or no consideration for the workers’ needs. “Worker” contracts also give the employer greater control over the workers, who live in constant fear of their hours being cut or being dismissed.

There is a great deal of confusion in regards to employment status and it can be hard to understand how to determine whether you are being classed as “employee”, “worker” or even “self-employed”. The employers use this confusion to their own advantage, often classing people as “workers” but then expecting people to comply with the working conditions of an “employee”. This is especially the case in the hospitality sector where hiring people on a “worker” contract and expecting them to do the duties of an “employee” is rife.

One of the most common abuses is the employer demanding that their workforce work a set number of hours each week while reserving the right to cut hours at any time it suits their needs. This gives the workplace relationship a one-sided flexibility, the employer has the luxury of dictating the hours of the worker while the worker is compelled to work the hours rostered by the employer, and is forced to structure their lives outside of the workplace to fit in with the whims of the employer.

The problem is that this mischaracterisation of employment status is so commonplace in the hospitality sector that workers all too often come to see it as the norm. However, the reality is that it does not have to be like this. There is no reason why the hospitality sector should not be the same as other sectors of the economy, where “worker” contracts are rare and where the overwhelming majority of the workforce is engaged on “employee” contracts. The key to achieving this is for hospitality workers to get organised and begin to challenge the power of the employers.

This is not as hard as it may seem. Being classed as a “worker” brings with it just one advantage; the worker has the right to turn down the work offered by the employer. If, as a worker, you turn down work offered by the employer, as an individual there is every chance the employer will either punish you by cutting your hours or by getting rid of you all together. However, if you all turn down work together collectively, you can force your employer to change your work status to that of an “employee” with the guaranteed hours and pay that come with it.

You can get in touch with SFHWU if you are considering getting your workplace organised. Solidarity Federation also runs free workplace organising courses. We can also offer friendly help, support and advice about getting organised so please don’t hesitate to get in touch.

Both “employees” and “workers” will typically be entitled to the following basic employment rights:

• to be given a “written statement of employment particulars” – a principal statement on the first day of employment and the full written statement within 2 months of the start of employment (see above)
• to be notified of any changes to the written statement within 1 month of the variation being made
• to be paid the national minimum wage
• to receive a payslip
• to protection against unlawful deductions from wages
• to the statutory minimum level of paid holiday
• to the statutory minimum length of rest breaks
• to work no more than 48 hours on average per week, or to opt out of this right if they choose
• to protection against unlawful discrimination
• to protection for whistleblowing; i.e. reporting wrongdoing in the workplace
• to not be treated less favourably for working part-time
• to be accompanied at a grievance or disciplinary hearing
• to the right to request flexible working (though those classed as “employees” have extra rights (see below).

Those classed as “self-employed” have few workplace rights beyond protection from being discriminated against, and limited health and safety protection.

The following entitlements are only available to those with “employee” status:

• a minimum notice period if employment is being terminated
• to claim unfair dismissal, though you need to have worked for your employer for two years
• time off for emergencies
• statutory maternity, paternity, adoption and shared parental leave, normally with pay
• statutory redundancy pay but only when you have at least two years’ continuous employment
• to claim unfair dismissal for trying to enforce employment rights from the first day of employment.

The above rights are the statutory minimum under the law. However, your contract may offer much better terms and conditions than the legal minimum. These are called “contractual rights” and are equally enforceable through the courts. The normal legal remedy if you are being denied your contractual rights is to take your employer to a tribunal. You can also pursue a claim for a breach of your contractual rights through the civil courts. This is most commonly done in the cases of a workplace injury caused by the negligence of the employer.

Both “employees” and “workers” are entitled to a pay slip. Your payslip should be given to you on or before the day you get paid. Your payslip should show:

• your earnings before and after any deductions
• the amount of any deductions; the amount deducted each week/month may vary if the amount you get paid each week/month varies – for example, the amount you pay in tax and national insurance can vary depending on the amount you earn
• the number of hours you worked and the pay period covered by the payslip.

Your payslip can come in different forms. It can be:

• given as a paper document
• sent as an email attachment
• in an online system.

If your payslip appears online and you are unable to access the internet, your employer should provide you with a payslip in a different format, for example a paper copy.

Your employer must keep a record of any hours worked or payments made in the last 6 years. Workers and the National Minimum Wage Enforcement Agency can ask an employer for the employer records if there is a belief that the employer is paying below the minimum wage.

Your employer should pay you on time for work you’ve done – they should pay you on your agreed pay day.

If your employer fails to pay you your correct wages then they are guilty of breaking your contract. However, the easiest way to recover any wages owed to you by your employer is to make a claim to an employment tribunal on the grounds that your employer is making an unlawful deduction from your pay. You can take an employer to a tribunal for an unlawful deduction from your wages if you’re an “employee” or a “worker”, including an agency worker. For claims about unpaid wages, you have 3 months minus 1 day from the date you should have been paid. If you were underpaid or not paid at all on more than one occasion, you have 3 months minus 1 day from the last time it happened. You do not have to have a minimum service period, as this is a “day one” employment right. You can also still be employed while making the claim. You can also make a claim if you are dismissed or leave and your final wages are not correct.

What counts as unpaid wages ordinarily includes:

• salary
• statutory payments, e.g. maternity pay
• holiday pay
• some but not all bonuses and commissions.

Employers can, however, legally deduct some sums from wages without your permission. Examples of what your employer can deduct from your wages without your permission include:

• deductions required by law, such as income tax, student loan repayments, and those ordered by a court
• pre-agreed deductions such as repayment for uniform or travel
• repayment of overpaid wages
• anything you agree in writing
• anything that your contract says they can, for example charging for money missing from the till.

Employers must not make deductions from tips, service charges or gratuities that they have “control or significant influence” over (see laws relating to tips below).

Shockingly, in regard to hospitality workers, in retail, bars and restaurants, employers can lawfully deduct from wages to cover damaged stock or mistakes and shortfalls in till money. They can only do this providing no more than 10% of pay is taken before tax on each payday that the deduction is made, and where the employer has taken the money within 12 months of noticing the shortage. Your employer must give you written details of the money deducted on each payday that a deduction is made.

By law, an employer must pay a minimum amount on average for the hours you work. This is called the:

• National Living Wage (NLW) for anyone aged 21 or over
• National Minimum Wage (NMW) for anyone aged under 21 or who is an apprentice.

To qualify for the National Minimum Wage you must be at least school-leaving age.

The Minimum and Living Wage hourly rates from the 1st April 2025 are:

● aged over 21 – £12.21

● aged 18 to 20 – £10.00

● aged under 18 / apprentice – £7.55

Both “employees” and “workers” (see employment status above) are entitled to the minimum wage. This includes part-time workers, casual workers (for example, someone just hired for the day), and agency workers.

The employer must pay you the minimum wage rate for any time that you are required to be somewhere or to be doing something. This can include, but rarely does in hospitality, any periods of time before or after a shift, for example:

• getting dressed into a uniform, PPE or other equipment at the place of work
• completing paperwork, admin tasks or training outside of normal working hours
• handover meetings / team meetings which fall outside of a worker’s general shift pattern
• travel time – employees working in the community or whose role requires them to travel should have this time counted as working time for NMW purposes.

How to calculate to make sure you are being paid the National Minimum Wage

On average, you must get the minimum wage for each “pay reference period”. This is the period of time that the pay covers, for example a week or a month. You then work out the average hourly rate as follows:

• use your “gross” pay each time you are paid – this is the total pay before tax and National Insurance (NI) are taken out
• divide your gross pay by how many hours you worked for that pay reference period.

Example of working out average hourly rate

Joan is paid weekly and works 40 hours a week. Their weekly salary is £500 before tax is taken out. They are 24 years old and are not an apprentice. Dividing £500 by 40 gives an average hourly rate of £12.50. This is above the minimum wage for a worker aged 24.

Payments that count towards the minimum wage

The National Minimum Wage is calculated on an employee’s total pay before tax and National Insurance (NI) are taken out.

Payments that count towards the minimum wage include:

• basic pay
• incentivised pay (if pay is related to performance)
• bonuses
• commission.

Example of including a bonus when checking pay

Jean is 22 years old and not an apprentice. She is paid weekly and works 40 hours a week. Her total weekly pay is £560 before tax is taken out. This includes a £100 bonus. The starting point is £560. Dividing £560 by 40 gives an average hourly rate of £14.00, which is above the minimum wage for a worker aged 22.

Payments that don’t count towards the minimum wage

Your employer cannot include the following as part of your minimum wage:

• most importantly for hospitality workers, your employer cannot include tips, service charges and cover charges as part of your minimum wage (see below)
• payments for your employer’s own use or benefit, for example if your employer agrees to pay you for the time it takes to travel to work
• payments by an employer to reimburse a worker’s expenses
• things that you have bought for the job and that are not refunded, such as tools and uniform
• advances of wages
• loans
• overtime and shift payments
• rewards under staff suggestion schemes.

Example – a part of pay that does not count towards the minimum wage

Alex is 22 years old and not an apprentice. He is paid weekly and works 40 hours a week.

His total weekly pay is £540 before tax is taken out. This includes £100 in tips. Use £440 as the starting point to work out if Alex is getting the minimum wage. Dividing £440 by 40 gives an average hourly rate of £11.00. This is below the minimum wage for a worker aged 22. The employer needs to pay at least £12.21 (2025 rates) an hour, not including tips.

What cannot be deducted from the minimum wage

Some pay deductions and work-related expenses must not cause your pay to be below the minimum wage. These include deductions for:

• tools
• uniforms
• pay for mandatory training courses.

For example, someone might be required to buy a uniform for work and have pay deducted from their wages to cover the cost. Although it is a disgrace that workers can be forced to pay for their own uniform, legally speaking this is allowed. However, it is only allowed just as long as their total pay minus the uniform cost is still above the minimum wage.

Firstly, working out what holiday leave you are entitled to can be a bit tricky. An easy way of doing it is to use the government’s holiday entitlement calculator to work it out. The calculator can be found here: https://www.gov.uk/calculate-your-holiday-entitlement

All “employees” and virtually all people classed as “workers” are legally entitled to paid statutory holidays

The categories of those workers entitled to statutory holidays include:

• agency workers
• workers with ‘irregular hours’ (where the number of hours they work in a pay period often or always changes)
• ‘part-year’ workers (where there are periods of at least a week in a leave year where they do not need to work and are not paid).

People who work full-time, typically 35 hours to 40 hours per week, must receive at least 28 days’ paid annual leave a year. This is the equivalent of 5.6 weeks of holiday. This can include bank holidays such as Christmas day. It is therefore best to check what it states in your “written statement of employment particulars,” given to you when you first started work (see above), to check if bank holidays are included in your holiday entitlement. There is nothing to stop your employer giving you more than the statutory minimum holiday entitlement. For example many employers give their workers the 5.6 weeks of holidays plus bank holidays. However, this is rare in the hospitality industry.

Leave year

There is no fixed statutory leave year so your employer is able to set the dates for the leave year. Your employer should tell you the dates of the company leave year before or as soon as you start work. For example, the company leave year might run from 1 January to 31 December. If a leave year is not set out in your contract then it will start on the first day of a new job and your statutory holiday rights start from that date. Normally, untaken holidays may not be carried over to the following year without the agreement of your employer. It’s a case of “use them or lose them”, so you should make sure you use all your holiday entitlement within the leave year.

The only time holidays can be carried over is when your employer agrees to allow you to do this. However, if you have been unable to take your holidays due to you being ill, or on maternity, paternity or adoption leave, you have a legal right to carry over holidays to the following year. For example if you are ill in the final month of the leave year and you are still owed two days’ holiday, your employer must carry over those two days to the following leave year. However, you are only allowed to carry over a maximum of 4 weeks of holidays if you were sick and unable to take your leave. If you were on maternity, paternity or adoption leave you are able to carry over a maximum of 5.6 weeks.

If you start their job part-way through a leave year, you’re only entitled to part of the total annual leave for the current leave year. What you get depends on how much of the leave year is left. You’ll build up holiday entitlement for each month you work – this means if you’ve been in your job for a month, you can take one twelfth of your entitlement. You can use the government’s holiday calculator to work out how many holidays you are owed (see above).

Working part-time

Part-time workers who work regular hours for the whole year are entitled to at least 5.6 weeks’ paid holiday but this is on a pro rata basis and therefore will amount to fewer than 28 days. For example, if you work 3 days a week, you must get at least 16.8 days’ leave a year (3 × 5.6). If you work 4 days a week your holiday entitlement would be 22.4 and so on. If your employer gives full-time workers more than the statutory minimum, your employer should adjust your entitlement by multiplying the number of weeks holiday that full-time workers receive by the number of days you work.

Irregular-hours workers and part-year workers

An irregular-hours worker is someone whose hours vary each pay period. A pay period is how often someone gets paid, such as weekly or monthly. For example, Sam is paid weekly and works a different number of hours each week. Their contract says that their hours will vary each week. Sam is likely to be an irregular-hours worker. Irregular-hours workers will usually include people on zero-hours contracts, casual contracts or bank contracts.

If someone’s hours are fixed under their contract, they will not be an irregular-hours worker.

For example, Alex has a rotating 2-week shift pattern where they work 15 hours in week 1 and 20 hours in week 2. Although Alex works different hours across the 2 weeks, their hours are fixed. They are not an irregular-hours worker.

A part-year worker is someone whose contract:

• says they are required to work only part of the year
• says there are periods of at least a week when they are not required to work and which they are not paid for
• is in place all year around, including when they’re not working.

For example, Mel is a seasonal worker on a farm. They only work and get paid during spring and summer months. Mel’s contract says there are some weeks when they will not have to work and will not get paid. Mel is a part-year worker. An agency worker could be an irregular-hours worker or a part-year worker if their working pattern fits either definition.

Irregular-hours workers and part-year workers “accrue” (build up) holiday entitlement:

• at 12.07% of the hours they work in a pay period
• on the last day of the pay period.

The 12.07% is based on the statutory minimum holiday entitlement of 5.6 weeks. If your employer gives full-time staff more holidays than the statutory minimum, then they must adjust the 12.07% accordingly for irregular-hours and part-year workers. If your holiday entitlement includes part of an hour, this is rounded to the nearest hour. For example, Rowan gets paid once every month. They worked for their employer for 100 hours last month. They accrued 12 hours of holiday for this pay period. 100 x 12.07% is 12.07 hours – this is rounded down to 12 hours.

If in doubt you can check your holiday entitlement with the government’s holiday calculator, which can be found here: https://www.gov.uk/calculate-your-holiday-entitlement.

Your employer may allow you to use holiday throughout the year before you have accrued it, so there is no harm in asking.

When can you take your leave

There is no legal right for workers to select when they take annual leave, which really is a disgrace. You should check your “written statement of employment particulars” (see above), which you were given when you first started work, to see if there is a laid down procedure to make a request for annual leave. You should also check to see if there are any restrictions on when you can take your leave. For example, in hospitality you may not be able to take leave on Christmas and New Year’s Eve.

If there are no set procedures in your contract, as a general rule the notice time you need to give your employer should be at least double the length of the leave to be taken. For example, to take two weeks off, you should provide at least four weeks’ notice. This is unless your employment contract says you must give more notice. However, even if you give the required notice, your employer can still refuse your request for leave but in doing so must provide sufficient notice within a time frame corresponding to the requested leave. Your employer can also force you to take leave but they must give you sufficient notice similar to the notice you have to give them; that is, they should give you at least double the length of the period of leave they are forcing you to take. For example if they are forcing you to take two days leave they should give you at least four days’ notice.

If your employer is making it difficult for you to take leave there are a few arguments you can use against them. On the grounds of health and safety, the law requires employers to actively encourage workers to take their holidays. In order to do this, your employer should make the rules relating to taking holidays as clear as possible, should have a clear justification for these rules, and should operate them consistently and fairly. It is unlawful for employers to make it too difficult for workers to take their holiday. However, these legal requirements contradict the right of employers to utilise staff in the way that suits their business needs. Therefore, if you are having difficulty taking your holidays, it is always best to speak to other workers to see if they have encountered the same problem. If they have, you should try to organise collectively to put pressure on your employer as well as to put in a grievance.

Finally, if you leave your job, or are dismissed, you are entitled to be paid for any outstanding holidays you are owed.

Holiday Pay

When you take a holiday, you should get the same pay as when you are at work. As such, holiday pay should reflect a worker’s “normal remuneration”, to ensure that workers are not financially disadvantaged when taking annual leave. Your holiday pay should therefore include overtime payments, if you have been paid these regularly during the last year. Overtime is defined as hours spent beyond the minimum contracted hours. Therefore, it applies to workers who work full-time and those working part-time. For example, if you are on a 20-hour contract but regularly work 23 hours, you should be paid for 23 hours when on holiday. Your holiday pay should normally also include shift allowances, premium payments, most forms of bonuses, commission and other payments such as length-of-service payments.

If you work regular hours with your pay fixed, you should receive this fixed amount when on holiday. This applies to both part-time and full-time workers. If you do shifts with regular hours each week, your holiday pay is calculated by taking the average number of weekly fixed hours you have worked in the previous 52 weeks, at their average hourly rate of pay. Holiday pay for irregular-hours workers and part-year workers is based on their average pay over the previous 52 weeks. This rule applies regardless of when the worker’s leave year starts. For example, Joan takes a week’s holiday, starting on 1 June; her average weekly pay from the previous 52 weeks is £250. Joan should receive £250 in holiday pay for her week of holidays.

If you have not yet been employed for 52 weeks, your employer should base your holiday pay on how many full weeks you have been employed. For example, if Joan has been working for her employer for 26 full weeks. The employer should look at the average pay that Joan got during those weeks to calculate her holiday pay.

When calculating pay on the basis of the last 52 weeks there may be weeks where you did not work or were sick. Your employer should disregard those weeks and use an earlier week in its place. An employer should only count back as far as needed to get 52 weeks of a worker’s usual pay. If necessary, they can look at the pay the worker got over the previous 104 weeks, but no further.

If your employer is not giving you the correct holiday entitlement or pay you may be able to make a claim to a tribunal. If there is more than one person affected you can organise a campaign (see enforcing your rights above).

How many days off am I entitled to each week and how many breaks am I allowed each day?

You are entitled to at least one day off a week and an uninterrupted break of 11 hours each day. However, your days off entitlement can be averaged over a two week period, meaning you are entitled to two days off a fortnight. Your employer can also give you the first day off in one week and the last day of the following week. This means you can still work 12 days in a row.

Workers over 18 are only entitled to a rest break of 20 minutes if the working day exceeds six hours. This still applies if you work a long shift. For example if you work 12 hours you are still only entitled to a 20 minute break, which is pretty pathetic. You must be allowed to take your break somewhere in the middle of the day rather than at the beginning or end of your shift. You must also be allowed to take your break away from the place where you actually work. If your rest break is interrupted it does not count as a rest break. The employer is not even legally forced to pay you for your pathetically short rest break.

Under the law the above rules applying to breaks and days off do not apply to specific jobs; for example, security guards. However, for the overwhelming majority of hospitality workers the above rules, such as they are, do apply. You should check your written statement to see if you are entitled to more than the above. You are covered by the above laws from the first day you start work and the laws apply to both “workers” and “employees”.

If your employer is not giving you the correct days off or rest breaks, you may be able to make a claim to a tribunal. If there is more than one person affected, you can organise a campaign to force your employer to give you better break times and rest periods (see enforcing your rights above).

Many employers pay their workers when they are off work due to illness. Unfortunately, few employers in the hospitality industry pay their workers sick pay. In this writer’s experience, there is more chance of seeing a snowball in hell than being paid sick pay in the hospitality industry. However, those classed as “employees” have the right to statutory sick pay (SSP) just as long as they meet the criteria. In some circumstances, those classed as “workers” may also be entitled to SSP. Agency workers are also entitled to SSP. Your SSP is paid by your employer and then they claim it back from the government.

In order to receive SSP you must:

• have been off sick for at least 4 days in a row – this includes non-working days such as weekends
• earn on average at least £125 per week from 6 April 2025
• have told your employer you are sick within any deadline the employer has set, or within 7 days
• be classed as an “employee”; those classed as “workers” or “self-employed” generally do not qualify for SSP
• be entitled to SSP for a maximum of 28 weeks.

If you are eligible, you are entitled to statutory sick pay for the days you would have normally worked, except for the first 3 days. These 3 days are called “waiting days”. For example, if you work Monday to Friday and go sick before you start work on a Thursday and are still sick on Monday, you are eligible to claim SSP as you have been off sick for 4 days. As you do not work weekends, your waiting days are Thursday, Friday and Monday and therefore your employer must pay you statutory sick pay from Tuesday onwards. If you do not have regular shift patterns you should agree with your employer which days count as the qualifying days.

If you qualify for SSP, you should check that your employer does not have any rules in regards to SSP as part of your contract. This should be stated in your written statement of employment particulars given to you when you first started work (see above). If your employer does has not set procedures or rules they can still:

• demand that you tell them that you’re sick by a certain time of day
• make you contact them more than once a week
• make you get a doctor’s note when you’ve been sick for more than 7 days
• insist that you use a specific form to tell them about your illness – this is self-certification
• refuse to let someone else tell them that you’re sick, even if you feel you are not well enough to get in touch yourself.

Fit notes (sick notes)

Your employer can ask you for a fit note before they pay SSP. A fit note is a statement from a registered healthcare professional giving their medical opinion on a person’s fitness for work. You must get a fit note if you have been off sick for more than 7 calendar days. Your employer should take into account any problems that may cause a delay in you submitting your fit note, most notably the fact that it is often hard to get a doctor’s appointment. Your employer can still ask you to fill in a form if you have been off work for less than 7 days; this is known as self-certification.

SSP is the princely sum of just £118.75 per week (from 6 April 2025) for a maximum of 28 weeks. Given the hoops your employer can force you to go through before paying you, the amount paid is pretty pathetic.

Here we find ourselves delving into the absurdly complex world of maternity rights. For an eternity, women have argued that provision should be made to ensure that their role as mothers was not a barrier to them entering the world of work. Part of this is demanding that provision should be made that would allow women to navigate the difficulties and potential dangerous process of pregnancy and giving birth, as well as the often challenging first months after birth.

What has been given thus far is the right to 52 weeks off work, the catch being that you will lose a significant amount of pay should you take more than 6 weeks of maternity leave. In effect, it is the right to 52 weeks maternity leave, but only if the parents – or parent, in the case of single mothers – can afford it. Further, in order to get the right to 52 weeks maternity leave, and the pitiful amount of maternity pay that comes with it, women have to jump through hoops to meet the demands of the employer. And even here, the right to 52 weeks maternity leave is steadily being eroded by the rise of casualisation, because the “rights” associated with maternity leave, paternity leave and adoption leave are largely only available to those classed as “employees”. The vast majority of people classed as “workers” have far fewer rights to maternity leave and maternity pay.

If evidence is needed that workers cannot rely on the laws to improve their working conditions, it can be found here in the laws relating to maternity leave and pay. Similarly, there is no better example of the failings of the trade unions, in the way they are currently constructed, than in their performance in relation to maternity rights. For the first time since the dawn of trade unions, women now represent the majority of trade union members. Yet the current trade unions have done little to force both the employer and the state to improve the lives of women by ensuring better provision in relation to maternity pay and leave.

Your rights to maternity leave and what you need to do to ensure you get them

In order to claim maternity leave you must tell your employer about your pregnancy at least 15 weeks before the beginning of the week the baby is due. If this is not possible (for example, because you did not know you were pregnant) the employer must be told as soon as possible. You must also tell your employer the week the baby is expected and the date you wish to start your maternity leave. Should you fail to notify your employer of the above, and your employer refuses to grant you maternity leave or pay, your only recourse will be to take your employer to a tribunal for discrimination.

The issues surrounding pregnancy can be complex, making it hard for some women to provide the employer with all the information required under the law. However, if you are denied maternity pay or leave, you should seriously think about taking your employer to a tribunal for discrimination. This is because the laws surrounding maternity make it hard for your employer to refuse to provide maternity leave, making it that bit easier to win your tribunal claim. If giving your employer all the information required is not a problem, you should let your employer know in writing, and keep copies of all correspondence in regards to your claim for maternity pay and leave.

Who qualifies for maternity leave?

You have the right to up to 52 weeks of maternity leave if you’re having a baby and are classed as an “employee” (see employment status above). It doesn’t matter how long you’ve worked for your employer, how much you’re paid or how many hours a week you work. You have the right to maternity leave from your first day of starting a job but you may have to take it as unpaid leave, depending on how long you have worked for the employer.

By law, you must take at least 2 weeks off after your baby is born (4 weeks if you work in a factory). After this, how many of the 52 weeks you take is up to you. The earliest you can take maternity leave is 11 weeks before the week the baby is due. You will be forced to start maternity leave if you are off work for a pregnancy-related illness in the 4 weeks before the baby is due – it does not matter what has been previously agreed.

You still get your full holiday entitlement when taking maternity leave. However, you cannot take holidays or get holiday pay while on maternity leave. But you can arrange with your employer to take it before or after maternity leave. Where necessary, you can carry over some or all your 28 days statutory holiday entitlement (see above) to the following leave year, if you are unable to take some or all of your holiday due to you being on maternity leave.

Your employer should agree to your maternity leave, even if you have not given them the right amount of notice. If your employer says you can’t take maternity leave, ask them to explain their reasons in writing. No matter the reasons the employer gives for refusing your maternity leave, it is highly likely the refusal to grant you leave amounts to maternity discrimination, and you should consider a claim to a tribunal. If you are treated badly for asking for your maternity rights, or you’re treated badly for any reason connected to your pregnancy or maternity, again this is likely to be maternity discrimination. You are protected against pregnancy and maternity discrimination from the date you give notice of pregnancy (your employer must know that you are pregnant for discrimination to occur) and the protection continues until after you have returned from maternity leave.

Maternity pay

If you’re classed an “employee”, you get statutory maternity pay (SMP) when both of the following apply to you:
• you’ve been working continuously for 26 weeks for the same employer before your “qualifying week”, which is the 15th week before the expected week of childbirth
• you earned at least £125 (from April 2025) per week on average for 8 weeks before your qualifying week.

You may also be entitled to SMP if you are classed as a “worker”, just as long as you meet the qualifying criteria. It should be remembered, however, that those classed as “workers” (see employment status above) are only entitled to limited maternity leave.

If you have more than one employer, you might be able to get SMP from each one, if you’re eligible. It does not matter whether you work full-time or part-time or whether you will be returning to work after having your baby; just as long as you are classed as an “employee” you are entitled to SMP. You can also get SMP if you work term-time only, if you are on a fixed-term or temporary contract, or if you are an apprentice, just as long as you meet the qualifying conditions. You can also qualify for SMP if your employment ends in or after the 15th week before your baby is due. This includes redundancy, dismissal or your fixed-term contract ending. Your former employer must still pay your SMP if you qualify.

Statutory maternity pay is paid for 39 weeks. For the first 6 weeks you get 90% of your average weekly earnings. For the following 33 weeks you get whichever is lower from:
• £187.18 a week (2025)
• 90% of your average weekly earnings.

The last 13 weeks are unpaid, unless your contract offers enhanced maternity pay, meaning that many women will be unable to afford to take their full maternity entitlement.

You may be able to claim SMP if you are employed by an agency. In order to qualify you must have been employed by the agency for the 26 week period leading up to the qualifying week (the end of the 15th week before your child is due) but you must have informed the agency that you are pregnant.

You get the same amount of maternity pay if you have more than one baby, for example twins.

Some employers offer more than the statutory minimum maternity pay. This is often called “enhanced” or “contractual” maternity pay. However, don’t hold your breath on this one because it is unlikely that hospitality employers pay more than the basic statutory maternity pay.

You can check if you are entitled to statutory maternity leave and pay here:
https://www.gov.uk/maternity-paternity-pay-leave/y/yes/england

Freelance, self-employed and zero-hours workers

You must still stop work for a minimum of 2 weeks (4 weeks if you do factory work) after giving birth if you’re:
• employed through an agency
• freelance
• self-employed
• on a zero-hours contract.

You can choose to take more time off to look after your baby. If you do not qualify for SMP you might be able to claim maternity allowance.

You may be able to claim maternity allowance, a benefit paid by the Department for Work and Pensions for 39 weeks. Maternity allowance is paid at the rate of £187.18 per week (2025) or 90% of your average earnings (if that is less). You can get maternity allowance if you are not eligible for statutory maternity pay and you are employed or self-employed. You can also get maternity allowance if you are unemployed, depending on your previous employment.

To get maternity allowance, you need to have been employed or self-employed for at least 26 weeks (they do not need to be in a row) out of the 66 weeks before your expected week of childbirth and you can find 13 weeks or 4 months (if you are paid monthly) in which you earned over £30 per week on average. These also do not need to be in a row, but must be in the 66 weeks before your expected week of childbirth. You can add together earnings if you have more than one job.

Maternity allowance is not means-tested and does not depend on your household income.
The earliest you can be paid maternity allowance is 11 weeks before your expected week of childbirth. It is usually up to you to decide when you want to start maternity leave and you should put the start date on your MA1 claim form. However, there are some exceptions when you cannot choose the start of your maternity allowance period. If you are unemployed, your maternity allowance period will automatically start 11 weeks before your expected week of childbirth or from the day after your job ends if this is later.

If you give birth before the start of your maternity leave, your maternity allowance period will start on the day after the birth. Finally, if you are absent from work because of your pregnancy, e.g. due to a pregnancy-related illness, in the 4 weeks before your expected week of childbirth (but not before), your employer can start your maternity leave from the day after the first day of absence.

Claiming Maternity Allowance

To apply for maternity allowance you must complete the MA1 claim form. You can find the form online here: www.gov.uk/government/publications/maternity-allowance-claim-form.

You might also be able to share your maternity leave and pay with your partner.

Shared parental leave (SPL) gives parents at least some flexibility in how they care for their child. SPL allows birth mothers to share a portion of maternity leave and pay with their partners to care for children from birth until their first birthday. SPL can also be used by the birth mother alone to allow her to return to work for periods in between periods of SPL. This flexibility does not exist with maternity leave.

You and your partner may be able to get SPL and statutory shared parental pay (ShPP) if you are:
• having a baby
• using a surrogate to have a baby
• adopting a child
• fostering a child who you’re planning to adopt.

You can share up to 50 weeks of leave and up to 37 weeks of shared parental pay between you. You need to share the pay and leave in the first year after your child is born or placed with your family. You can use SPL to take leave in blocks separated by periods of work, or take it all in one go. You can also choose to be off work together or to stagger the leave and pay.

A common error is that people are told by their employer that both parents cannot be off and being paid at the same time. This is wrong; you can both take leave at the same time.

To be eligible for SPL and ShPP, both parents must:
• share responsibility for the child at birth
• meet work and pay criteria – these are different depending on which parent wants to use the shared parental leave and pay.

You’re not eligible if you started sharing responsibility for the child after it was born.

Both parents must meet the same eligibility criteria to get SPL and ShPP. You must:
• have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date
• stay with the same employer until you start your SPL

To be eligible for SPL, you must be “employees” (not “workers”). If either of you is a “worker”, you might be able to have ShPP, but not SPL.

The laws relating to SPL and ShPP can be really complex. You can therefore check if you are entitled here:
https://www.check-shared-parental-leave.service.gov.uk/nature-of-parenthood.

The eligibility criteria are different if you are adoptive parents or parents using a surrogate. You can find more info on this here:
https://www.gov.uk/shared-parental-leave-and-pay/eligibility-for-adopters.

Paternity pay and leave

If you are legally classed as an “employee”, when you take time off because your partner is having a baby, adopting a child or having a baby through a surrogacy arrangement, you might be eligible for one or two weeks of paternity leave and paternity pay. To claim paternity leave you must be one or both of the following:
• the child’s father
• married to, the civil partner or partner of the mother or birth parent – this includes same-sex partners.

You must also have been continuously employed by the same employer for at least 26 weeks up to any day in the “qualifying week”. To work out the qualifying week, use a calendar to count back 15 weeks from the week the baby is expected to be born. You should tell your employer, by at least by the 15th week before the week the child is expected, that your partner is pregnant, the week the child is due, how much leave you intend to take, and the date you wish to start the leave.

The eligibility criteria are different for adoptions and having a child through surrogacy. You can find the criteria for adoption here:
https://www.acas.org.uk/paternity-rights-leave-and-pay/paternity-leave-and-pay-for-adoption.

You can find the criteria for having a child through surrogacy here:
www.acas.org.uk/paternity-rights-leave-and-pay/paternity-leave-and-pay-for-surrogacy.

If you are classed as a “worker” (see employment status above), generally you are not entitled to paternity leave, but you can take time off without pay. In some instances your employer has to pay you for paternity leave, even if you are classed as a “worker”; you should therefore check with your employer.

Statutory paternity pay

Paternity pay is one of the following, whichever is lowest:
• £187.18 a week (April 2025)
• 90% of their average weekly earnings.

Statutory paternity pay is for up to 2 weeks. The employer starts paying it on the date agreed between you and them. To be eligible for statutory paternity pay, the employee must be one or both of the following:
• the father of the expected baby
• married to, the civil partner of, or the partner of the mother or birth parent – this includes same-sex partners.

You must also:
• have been continuously employed by the same employer for at least 26 weeks up to any day in the “qualifying week”
• be employed by the same employer at the time of the birth
• earn on average at least £125 (from April 2025) a week over the 8-week period ending with any day in the qualifying week.

To work out the qualifying week, use a calendar to count back 15 weeks from the week the baby is expected to be born.

If you have separated from your partner but they still have ongoing parental responsibility for your child, your partner may still get statutory paternity leave and pay.

If you lose your baby

You can still get paternity leave or pay if your baby is:
• stillborn from 24 weeks of pregnancy
• born alive at any point during the pregnancy

You can take any leave you booked before losing the baby. If, after losing the baby, you have leave left to book, you can still book and take this. You must do this within 8 weeks of the death.

You may also be eligible for Statutory Parental Bereavement Pay and Leave.

If you’re not eligible, your employer must tell you within 28 days that you do not qualify, and why, using form SPP1. Consider taking a case to a tribunal.

Paid time off for antenatal appointments

While you’re pregnant you can take paid time off work for any antenatal appointments your doctor, nurse or midwife recommends. This might include parenting or relaxation classes, as well as medical appointments. You are only entitled to time off if you are classed as an “employee” (see employment status above) or if you are an agency worker and you’ve been working for the same hirer for at least 12 weeks in a row. It doesn’t matter how long you’ve been working for your employer, or for what hours; you are entitled to time off for appointments. For example, if you have only worked for your employer for 12 weeks and are employed on a part-time contract, you are still entitled to paid time off for antenatal appointments.

You should get your usual pay on a day when you go to an appointment. Your employer can’t make you work extra hours to make up for the time you’re away. Ask your employer if you can go to each separate appointment – you might need to show them your appointment card or other proof. In rare cases your employer can refuse to let you go to an appointment, but they have to be reasonable. It won’t usually be reasonable for them to question medical advice you’ve had from a doctor, nurse or midwife. It can be reasonable to ask you to book some appointments outside working hours if you can. But they should accept that you might not have much choice over when your appointments are.

If your employer refuses you time off to attend antenatal appointments unreasonably you might be able to claim maternity discrimination (see below for discrimination).

Partners also have the right to unpaid time off to attend up to two antenatal appointments, if they are the baby’s father, the expectant mother’s spouse, civil partner, or partner (of either sex) in an enduring relationship.

Health and safety for pregnant employees

As soon as you tell your employer that you are pregnant they should talk to you about your pregnancy and what you need. Tell them any advice you’ve had from your doctor or midwife, and let them know if anything worries you. Your employer should do a “risk assessment” in order to assess any risk that might pose a threat to you or your baby. They should show you a copy of the risk assessment and discuss it with you.

Risks could be caused by:

• heavy lifting or carrying
• standing or sitting for long periods without adequate breaks
• exposure to toxic substances
• long working hours.

If your work isn’t safe

There are 3 steps your employer should take to remove any risks. If you’re an “employee” or an agency worker all of these steps apply. If you aren’t classed as an “employee” or an agency worker, you only have a right to the first step (see employment status above).

1. Change your conditions

Your employer should change your working conditions to remove any risks. For example, they could get you a more comfortable chair, change your hours to avoid rush hour, or let you work from home at times. They can’t make any changes you don’t agree to.

2. Give you different work

If your employer can’t change your conditions, they should offer you different work to do while you’re pregnant. For example, you could do an office job rather than one involving heavy lifting. The new job can’t pay less than your usual job, or have worse benefits. The work has to be something you can do, so tell your employer if it isn’t right for you.

If you’re an agency worker the people you’re working for might not be able to give you different work. Tell your agency if this happens. Your agency then has to either:

• find you different work
• pay you for the rest of the work you would have been doing if you hadn’t been pregnant – this will usually be for the rest of your assignment.

3. Let you stay at home

If your employer can’t give you different work, you have a right to stay at home until they’ve removed the risk. They have to keep paying you in full. Your employer can’t change other details of your job while you’re at home because of a risk at work. For example, they can’t cut your pay or not tell you about a chance to apply for a promotion.

You could have experienced maternity discrimination if your employer doesn’t carry out a risk assessment for you.

Continuing to breastfeed when you return to work

Your employer must take special health and safety precautions if you continue breastfeeding after you return to work. More information can be found here: https://maternityaction.org.uk/advice/continuing-to-breastfeed-when-you-return-to-work/

All staff who are classed as “employees” (see employment status above) have the right to take time off work to help dependants in an emergency. A dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on you for care. There is no limit on how much time you can take off but you can only take the time off to sort out the immediate emergency. Many employers allow their workers to take time off with pay but there is no legal requirement to pay wages to staff while they are off. It is unlikely that employers in the hospitality industry will pay you for emergency leave but you should check your contract of employment, including staff handbooks and your “written statement of employment particulars”.

An emergency is classed as something that could not be foreseen, for example, a child falling ill, when something happens to the person who normally looks after the needs of the dependant, a death in the family, having to deal with an unexpected incident at school, and so on. Although, if you are classed as a “worker”, you have no legal right to time off for emergencies, there is nothing stopping you requesting time off.

Flexible working is a way of working that suits your needs, for example having flexible start and finish times, or working from home.

Although those classed as “workers” (see employment status above) can request flexible working, only those staff classed as “employees” have a legal right in regards to working flexibly. Employees can request a change to:
• the number of hours worked, for example you can ask to work part-time
• the time you start and finish work
• the days that you work
• where you work; for example, you could request to work at a branch nearer to home.

If you’re an “employee” you can request flexible working from your first day in a job.

What your employer must do if you ask for flexible working

Employers must deal with requests in a “reasonable manner” but there is nothing to stop them rejecting your request.

Examples of an employer handling requests in a reasonable manner include:
• assessing the advantages and disadvantages of your application
• discussing possible alternatives to your request
• offering an appeal process
• consulting the employee and discussing any alternative options – unless they’ve agreed to the request in full
• making a decision within a maximum of 2 months
• not dismissing or causing the employee detriment because of their request.

If an employer does not handle a request in a reasonable manner, and if you are an “employee”, you may be able to take your employer to an employment tribunal.

Your employer can refuse an application if they have a good business reason for doing so. This is “get-out card” for your employer if, in reality, they don’t want to grant your request for flexible working.

Putting in a request for flexible working

There is a laid down procedure for making a request for flexible working that you must follow.

You must put your request for flexible working in writing, either in a letter or an email. Keep a copy of your request and keep all correspondence relating to your request, as well as notes of any conversations you may have with your employer. A request for flexible working is called a “statutory request”. You must therefore state in your email or letter that you are making “a statutory request” for flexible working.

Before making a request, check if your employer has a procedure for requesting flexible working, and if they do they must legally follow that procedure. Your employer’s procedure must be at least equal to the minimum procedures under the law. Before putting in your written request make sure you know the correct person is to send the request to.

If you’d like a change to start in a specific week or month, it’s a good idea to request it ahead of time. This is so your employer has enough time to consider it. Your employer must make a decision, including any appeal, within a maximum of 2 months of your application.

Your written request must also include:
• the date of your request
• the change you’re requesting – for example the change in your hours or place of work
• when you’d like the change to start
• if you have made any previous statutory flexible working requests to your employer
• the date of any previous requests

It is a good idea to fully explain in your request why you need flexible working. Remember, by law requests for flexible working are not just confined to people with caring responsibilities. Anyone can submit a request. Examples of why you might request flexible working are:
• improving work-life balance
• childcare responsibilities
• health and well-being
• supporting mental health
• addressing long commutes
• educational commitments
• care for elderly family members.

You can find a template for a letter to request flexible working here:
https://www.acas.org.uk/flexible-working-request-letter-template

There are limits on the number of statutory requests you can make.
You can:
• make a maximum of 2 requests during any 12-month period
• only have one ‘live’ request with the same employer at a time

A request will stay live until any of the following happen:
• your employer makes a decision
• you withdraw your request
• you and your employer agree an outcome
• it’s been 2 months since the date of your request.

A request will continue to stay live during:
• any appeal
• any extension that you and your employer might agree to the 2-month decision period.

Extending the time limit

You and your employer can extend the 2-month time limit if you both agree to it. If you agree to an extension, your employer should confirm the extension in writing, for example in a letter or email.

How to fight redundancies

Redundancy is usually a type of dismissal when a role is no longer needed. In effect, the employer is dismissing you because you are no longer required. The laws the employer must adhere to when making workers redundant are pathetically weak, while the amount the employer has to legally pay workers they have made redundant is pathetically low. Added to this, only those classed as “employees”, and then only “employees” who have worked for their employer for two years, are entitled to redundancy pay. This means many workers in the hospitality sector will not qualify for redundancy pay (see above for employment status).

Further, should your employer fail to adhere to the redundancy laws, the only legal remedy is the right to claim unfair dismissal at an employment tribunal. This is hardly a deterrent to employers thinking of circumventing the laws relating to redundancy, because making an unfair dismissal claim at an employment tribunal can take an age, cases can be difficult to win, and the amount you get if you do win is hardly a fortune.

Therefore, though it is important to ensure workers force their employer to adhere to the laws relating to redundancy, when faced with the threat of redundancy you should not rely on the law. Instead, if threatened with redundancy, the thing to do is get organised and start a campaign aimed at fighting the redundancies. By getting organised you can apply pressure on your employer to minimise the threat of redundancy, or, at the very least, to force the employer to improve on the terms they are offering to redundant workers.

The most essential element of any campaign is regular meetings of those affected by the redundancy. The first thing to do is to try and organise some form of meeting, if at all possible face to face, otherwise online, of all those threatened with redundancy. The meeting should examine ways to fight the proposed redundancies; for example, taking strike action, occupying your workplace, organising pickets and demonstrations, and so on. The meetings should coordinate activities aimed at publicising the fact that you are being made redundant; for example, by using social media, notifying the papers, notifying radio and TV stations, leafleting, organising demonstrations, and so on. The aim of publicising the redundancies is primarily to put pressure on your employer and to mobilise support for your campaign from the wider community.

The meetings should discuss the laws relating to redundancy and how they affect your particular situation. They should also plan how to ensure the employer follows laid-down redundancy procedures. This includes getting workers to keep accurate records of all information provided by the employer, such as copies of all correspondence between them and the employer, ensuring that minutes are taken during any meetings with the employer, and making notes of any discussions or telephone calls between them and the employer. Any records of discussions should include the date, the time, who was present, and what was said. The meetings should also decide what line any trade union or workplace reps should take at meetings arranged by the employer to discuss the proposed redundancies. For advice and support, contact us here at SFHWU.

There are some legalities the employer must follow when faced with the possibility of making workers redundant. Your employer should only consider making redundancies if part or all of the organisation is:

• closing, or has already closed
• changing the types or number of roles needed to do certain work
• changing location.

If the main reason given for making you redundant is something else, for example your performance or conduct, it is not redundancy and you can make a claim to an employment tribunal for unfair dismissal. However, you can only claim unfair dismissal if you are classed as an “employee” (see employment status above) and if you have been working for your employer for two years or more. If you are classed as a “worker” (see above) or you have less than two years’ service, you have very few statutory redundancy rights. You should therefore first check your employment status if threatened with redundancy. However, no matter what your employment status is, you should seek to organise a collective campaign against your employer, aimed at fighting or minimising the threat of redundancies.

Your employer may have a laid-down procedure or a company policy as to how they should go about making people redundant and what the company offers to workers who are made redundant. Any company redundancy policy must at least be equal to or better than the redundancy procedures laid down under the law. You should always check company policies and your employment contract to see if there are any procedures in the contract in regards to making people redundant.

Your employer should look at other options before deciding on redundancies. For example, changing working hours, offering voluntary redundancy, or moving employees into suitable alternative vacancies. Even if your employer has genuine reasons for making you redundant, they still must follow set legal procedures. If your employer fails to follow these procedures, you can claim unfair dismissal at a tribunal, just as long as you meet the qualifying criteria. However, it is important to again stress that no matter what your employment status is, or how long you have worked for the employer, you should organise a campaign against the employer aimed at fighting or minimising the redundancies.

Your employer cannot discriminate against workers when selecting people for redundancy. They cannot select people for redundancy on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy, maternity, race, religion or belief, sex or sexual orientation. It is also unlawful if your employer selects you due to you being on maternity leave, paternity leave, adoption leave, ordinary parental leave and so on. Nor can they select you on the grounds that you are a member of a trade union or if you are a workplace representative. If they do discriminate against you, then you can bring a discrimination case against the employer to a tribunal, but discrimination should also be fought collectively wherever possible.

Legally, you might be able to make a claim to an employment tribunal for unfair dismissal if you are classed as an “employee” and have worked for your employer for over two years, if you feel:

• you were unfairly selected
• your employer did not follow a fair process
• your employer did not hold genuine and meaningful consultation before making redundancies
• your employer failed to consider alternatives to redundancy
• there was a suitable alternative role available that your employer failed to offer you.

Your employer should tell all employees as soon as possible that they are considering making redundancies. They should explain:

• which roles are at risk of redundancy
• why the redundancies are being considered
• how many redundancies they’re considering
• what happens next, including how everyone will be consulted.

If you are at risk of redundancy, the employer should also confirm:

• the outline of their consultation plans
• whether you have other options, such as voluntary redundancy or suitable alternative employment.

This should be in writing, for example in a letter or email.

Consultation

Your employer must consult with you if they are considering making you redundant. The consultation process must be meaningful and fair. Consultation means discussing and seeking agreement with employees on:

• ways to avoid or reduce redundancies
• ways to reduce the impact of redundancy on affected employees.

If your employer is proposing to make 20 or more redundancies over a 90 day period, they must hold collective consultation before consulting with workers individually. The figure of 20 people applies to just one workplace rather than the whole company. For example, if there are 21 people being made redundant in your workplace they must consult collectively with the workforce; if there are 21 people being made redundant across a number of workplaces they do not have to consulate with you collectively. If your employer is proposing to make fewer than 20 redundancies in a single workplace, they must still consult with you individually.

When counting the number of people being made redundant your employer must include voluntary redundancies – for example if they propose to make 22 employees redundant in a single workplace but six employees volunteer for redundancy, they must still collectively consult with you. They must also include workers that they are redeploying or moving to alternative roles – for example if your employer is proposing to make 30 employees redundant in a single workplace and is offering 15 of them alternative roles, they must still collectively consult with the workforce.

If they are proposing to make between 20 and 99 redundancies they must consult with the employees at risk of being made redundant at least 30 days before the date they are proposing to make them redundant. If they are proposing to make 100 or more redundancies, the consultation must start at least 45 days before anyone is made redundant. If less than 20 people are being made redundant, there are no strict time frames within which the employer must consult with individual workers. However, the length of time before the proposed date that workers would be made redundant must be adequate to fairly handle the redundancy process.

Collective Consultation

Collective consultation means the employer must consult on redundancy proposals with any recognised trade union or, in workplaces where there is no recognised union, with an employee representative. If there is no recognised union, your employer should organise an election. In that election, you have the right both to vote and to stand for election as the employee representative.

You should ensure that any elected representative or union rep is made accountable to those they represent. This should be done by organising meetings that mandate the representative as to the positions they should take and the things they should ask for at any meetings with the employer.

Collective consultation starts with the employer providing specific information to the employee representatives. This is called a “section 188 letter” and usually contains the following:

• the reasons for the proposed dismissals (the business case)
• the numbers and descriptions of employees proposed to be made redundant
• the total number of employees of any such description employed at the establishment in question
• the proposed method of selecting the employees for redundancy
• the proposed method of carrying out the redundancies, including agreed procedures and a detailed timeline for the process
• the proposed method of calculating the redundancy payments to be made (over and above the statutory redundancy payment)
• “suitable information” about the employer’s use of agency workers.

Your employer should ensure that any manager who leads consultation meetings:

• has had training in managing the meeting appropriately
• is fully informed about the redundancy proposals and process
• can present the plan for the redundancy process clearly
• can provide everyone with a questions and answers document.

If you feel the manager leading the consultation meeting is not properly trained, you must inform your employer in writing and keep copies of any correspondence and records of any discussion held. If you still feel the manager selected to lead the consultation meetings is not competent, you may be able to make a claim to an employment tribunal. You should seek to publicise the fact that your employer is not taking the redundancy procedure seriously by using social media, leafleting demonstrations and so on.

During the consultation process, you employer should discuss:

• what they are planning, and why
• why the redundancies are necessary
• why is your role proposed to be made redundant
• different ways to avoid or to make fewer redundancies
• the skills and experience needed by the business moving forward
• the criteria to be used for selecting employees for redundancy
• any concerns that each employee may have and how these can be addressed
• how employees can be supported throughout this process, including arranging time off for them to attend interviews and to undertake any necessary job training
• the availability of any suitable vacancies that you could consider to avoid the redundancy
• the timescale for leaving if you are to be made redundant
• the financial implications if you are made redundant
• how you can support and arrange time off for affected employees, for example to update their CVs and to get training.

You have the right to ask questions during consultation and put forward suggestions as to how to avoid or minimise the proposed redundancies. Your employer must reply to any questions raised and consider seriously any suggestions for avoiding or limiting redundancies. What to ask and suggest should be decided collectively at meetings.

As part of the collective consultation your employer should meet each affected employee in private, at least once. However, they must consult collectively before holding meetings with individuals. Meetings can be on the phone, if you both agree to it and there is a clear need for this, for example if someone works remotely. However, we would suggest that meeting face to face is always preferable.

Your employer should provide you with a complete record of the consultation process, including details of meetings, discussions, and any decisions made, to ensure transparency. If they do not, you should request the records by email or letter. However, you should keep copies of any correspondence and your own minutes and records of any meetings and challenge the manager’s records and minutes if you feel they are not accurate.

Consultation when less than 20 people in a single workplace are threatened with redundancy

It is important to remember that, just because there are less than 20 workers involved, this should in no way deter you from organising a campaign against your employer aimed at fighting or minimising the threatened redundancies. There is no set legal procedure to follow if less than 20 people at an individual workplace are being made redundant. However, you should look to force the employer to consult with you collectively, wherever possible.

Legally, as a bare minimum, the employer must consult with you individually before making people redundant. This applies even if only one person is being made redundant. Individual consultation must be based on the same principles, and take the same format, as collective consultation. The consultation should begin as soon as redundancy is proposed, giving you sufficient time to engage with the process. Although there is no fixed period, the length and depth of the consultation must be reasonable, considering the circumstances. If you feel your employer is rushing or bypassing the consultation process, you may be able to make a claim for unfair dismissal if you are classed as an “employee”. However, whatever your employment status, you should look to organise a campaign against your employer aimed at fighting or minimising the threat of redundancy.

The process should be fair and meaningful and your employer is still legally required to follow a fair process before selecting employees for redundancy. Your employer should provide you with all the relevant information prior to any meetings, and should allow you to be accompanied at meetings. The manager leading the meeting must be trained and informed, while your employer must answer all the questions you raise, take seriously any suggestions you have for alternatives to making people redundant, and they should provide records of meetings and correspondence. However, you should keep copies of any correspondence and records of any meetings and conversations, and you should challenge the manager’s records if you feel they are not accurate.

During individual redundancy consultation meetings, discussions should include:

• what the employer is planning, and why
• why the redundancies are necessary
• why your role is proposed to be made redundant
• different ways to avoid or make fewer redundancies
• the skills and experience needed by the business moving forward
• the criteria to be used for selecting employees for redundancy
• any concerns that each employee may have and how these can be addressed
• how employees can be supported throughout this process, including arranging time off for them to attend interviews and to undertake any necessary job training
• the availability of any suitable vacancies that you could consider to avoid the redundancy
• the timescale for leaving if you are made redundant
• the financial implications if you are made redundant.

Your employer should allow you to take a companion with you to all individual meetings. You should make any request to be accompanied in writing and keep copies of this and any response. Every individual worker should put in a request to be accompanied, even if other workers have had requests turned down by the employer. In this way it helps to show that the employer has failed to follow a reasonable procedure.

Your employer should allow the person accompanying you:

• to give you support
• to take notes
• to speak for you, if needed.

There are no rules in the legislation for how long individual consultation should last. However, consultation should end by mutual agreement.

What to do if your employer fails to consult with you, or fails to follow the correct redundancy procedure

If your employer fails to consult with you collectively or individually, or the relevant consultation timings for the collective redundancy process weren’t adhered to, or there was a lack of clarity about selection and reasons for redundancy, or no attempts were made to minimise redundancies, then it is likely that the consultation wasn’t meaningful. This means that your employer treated you unfairly and potentially broke the law, and you could make a claim to a tribunal for unfair dismissal (providing you meet the criteria of being an “employee” etc.). The tribunal could order your employer to pay you compensation, known as a protective award of up to 90 days’ pay, if they find in your favour.

Selection Criteria for making someone redundant

If the whole of your employer’s business is not being shut down, and only part of the workforce is at risk of being made redundant, your employer needs to identify the group of employees who will be at risk of redundancy. This is known as the “selection pool” and your employer should apply selection criteria against all those named in the selection pool. However, it is important to bear in mind that, even where specific jobs may be lost, the selection pool should not be confined to those currently occupying those jobs, but should include all employees capable of doing that work. This can include employees carrying out the same or similar roles in other parts of the business or on different sites.

There is no need to select a pool for redundancy if your employer’s entire business is closing down and there are no other sites to take into consideration.

When selecting who is to be made redundant the criteria must be as objective and measurable as possible. This means the selection criteria should:

• be fair
• be based on facts that can be measured
• not be affected by personal opinions
• it can be easily explained to everyone
• employees feel they’re being treated fairly

Examples of selection criteria could include:

• last in, first out – employees with the shortest length of service are selected first – just as long as it is not discriminatory
• asking for volunteers (self-selection)
• standard of work or performance
• skills, qualifications or expertise
• attendance record, which must be accurate and not include absences related to disability, pregnancy or maternity
• disciplinary record.

You can appeal against the decision to make you redundant

You should talk to your employer first and check if they have an appeals process you can follow. Even if there’s no appeals process, you can still write to your employer with the reasons you think the redundancy is unfair. You should appeal in writing to your employer within a reasonable timescale of being told you’ll be made redundant. For example, five days could be reasonable.

Your employer must give you at least the statutory minimum legal notice. The statutory redundancy notice periods are: at least one week’s notice if employed between one month and 2 years. One week’s notice for each year if employed between 2 and 12 years, and 12 weeks’ notice if employed for 12 years or more. You should always check your contract of employment to see if your employer offers more notice than the statutory minimum. You’ll usually carry on working until the end of your notice period and your employer must keep paying you until the end of your notice period.

If there is any part of your redundancy notice you’re not sure about you should write to your employer and ask them to reply in writing. For example, you could ask them to put in writing:

• the length of your notice period
• the date your notice period starts
• if you can leave before the end of your notice period
• if you need to take any unused holiday before you leave
• if you’ll still get contractual benefits, for example a fuel card or mobile phone, during your notice period
• how to request time off to arrange training or find a new job.

Statutory redundancy pay is pretty pitiful but you have the right to statutory redundancy pay if you:

• are selected for redundancy
• have the legal status of “employee”
• have continuously worked for your employer for two years or more.

You will be entitled to statutory redundancy pay if your employer doesn’t renew your fixed-term contract because the job doesn’t exist any more, and you had either:

• a fixed-term contract for two years or more
• shorter contracts that followed on from each other and added up to two years or more.

If you are entitled to redundancy pay your employer must give you:

• 1.5 week’s pay for each full year you worked from the age of 41
• one week’s pay for each full year you worked when you were between 22 and 40
• half a week’s pay for each year you worked when you were between 17 and 21.

The above is the bare minimum that employers have to offer workers they are making redundant. You should try and force your employer to improve on the minimum terms on offer under the law.

If you are entitled to statutory redundancy pay you can use the government’s calculator to find how much you are owed. The calculator can be found here: https://www.gov.uk/calculate-employee-redundancy-pay

By law, your employer must inform the government’s Redundancy Payments Service (RPS) about the planned redundancies.

They must do this before they issue any individual notice of dismissal, and at least:

• 30 days before the first dismissal, if there are between 20 and 99 redundancies
• 45 days before the first dismissal, if there are 100 or more redundancies.

If your employer declares themselves bankrupt

If your employer is insolvent, you’ll usually be contacted by an ‘insolvency practitioner’ – they’re the person in charge of your employer’s debts. They should contact you soon after your employer is made insolvent. They’ll tell you what will happen and how to get any pay your employer owes you. You can claim some of the money your employer owes you from the Redundancy Payments Service, which is a government service. You can claim:

• up to eight weeks’ unpaid wages, including any statutory payments you should have been paid, for example statutory sick pay or statutory maternity pay
• pay for annual leave, including annual leave you were owed but didn’t take

• statutory notice pay
• statutory redundancy pay.

There’s a maximum amount you can get for a week’s unpaid wages or annual leave. If your employment ended on or after 6 April 2024, you can’t claim more than £700 for each week.

Applying to the Redundancy Payments Service

The insolvency practitioner will give you a case reference number called a ‘CN number’. You’ll need to use the CN number to claim the money your employer owes you. You should get any money owed to you within six weeks of applying, though it is often longer. You can apply for money your employer owes you here: https://www.gov.uk/claim-redundancy.

If you’re entitled to statutory notice pay and your employer didn’t pay it, you’ll need to make a second claim for this. The insolvency practitioner will give you another case reference number called an ‘LN number’. They’ll only give it to you after your notice period should have ended. You can apply for statutory notice pay here: https://www.gov.uk/claim-loss-notice.

You can also make a claim to the employment tribunal for compensation if you believe you were:

• dismissed unfairly (‘basic award’)
• there was no consultation about your redundancy (‘protective award’).

You’ll be claiming against the Secretary of State for Business and Trade and your former employer (‘the respondents’).

If your job is no longer needed and your employer offers you an alternative job

If your employer decides that your current job is no longer required they may offer you another job or “redeployment”. However, your employer must offer you this new job prior to declaring you redundant. If you are offered an alternative job but you’re not sure whether the job is suitable, you are entitled to work in the new job on a trial basis for four weeks. If, during the trial period, it is apparent that the job is unsuitable, you can turn it down or agree with your employer (in writing) to extend the trial period. If you reject the new job before the end of the trial period, because it is an unsuitable alternative to your old job or for good personal reasons, you will still be considered to have been made redundant.

However, be warned that your employer can argue that, as far as they are concerned, the alternative job they have offered you is suitable. In this situation you may end up having to make a claim to an employment tribunal to argue that you feel the job offered is not a suitable alternative and you are therefore redundant. You should think carefully before turning down an alternative job as it is not easy to convince an employment tribunal that you have a good reason for turning the job down. You should therefore try to think of a good reason for turning down the alternative job offered by your employer and notify them by email or by letter.

Just to give an idea as to what a tribunal may consider reasonable reasons for turning down alternative work, it will consider the circumstances in which the offer was made. You may be able to refuse an alternative offer of a job where you were not given sufficient time to properly consider it. For example, in a previous case a tribunal found that it was reasonable for an employee to refuse alternative employment where the offer was made close to the expiry of the notice period and the employee had already secured another job.

If you are employed on a permanent contract and your employer offers an alternative job on a fixed term basis you may also be able to refuse to take the job. You may also be able to refuse an offer of an alternative job if you feel your employer has not taken the redundancy process seriously and you have become disillusioned with the whole process.

Employment tribunals will also take into account your personal circumstances outside the workplace. Often consideration will be given to the effect that the change will have on your family and home life. For example, a tribunal found that an employee’s refusal of an alternative job which meant that they would only be able to be home with their family one weekend every six weeks was reasonable. However, just to show that the courts favour the employer, in the same case a single person, who also refused the alternative job because he too did not want to be away from home for five weekends out of six, was found to have behaved “unreasonably” and was denied statutory redundancy.

The discrimination laws are complex so we have only set out the very basics below. If you feel you are being discriminated against and want support you should contact us at SFHWU.

If there is more than one of you being discriminated against, you should organise some form of meeting so you can mount a campaign aimed at fighting the discrimination collectively. Contact us here at SFHWU for support, advice or even just a friendly chat.

The Equality Act 2010 protects all categories of workers from being discriminated against including:

• anyone who works for an employer
• contractors and self-employed people hired to personally do the work
• job applicants
• former workers.

You are covered by discrimination laws from the first day of your employment. The laws also cover you from the time you applied for a job; for example, if you have not been given a job due to discrimination you can make a complaint to an employment tribunal.

Discrimination means treating someone “less favourably” than someone else because of:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation.

These are called “protected characteristics”.

Less favourable treatment can be anything that puts someone with a protected characteristic at a disadvantage, compared to someone who does not have that characteristic. There’s no legal definition of “putting someone at a disadvantage”. But it might include:

• excluding someone from opportunities or benefits
• making it harder for someone to do their job
• causing someone emotional distress
• causing someone financial loss.

It is normally seen as discrimination by the courts even if the less favourable treatment was not intended.

For pregnancy and maternity discrimination, there’s no need to compare with how someone else is treated.

When less favourable treatment might not be discrimination

Under some circumstances, less favourable treatment can be justified and is not unlawful discrimination.

For example, an employer might be able to use:

• positive action – to help a disadvantaged or underrepresented group
• objective justification – when a legitimate need for less favourable treatment can be proved
• a disability exception – to specifically recruit a disabled person without the risk of disability discrimination
• occupational requirement – recruiting someone with a certain protected characteristic to do a particular job.

The main responsibility for discrimination at work lies with employers. By law, all employers must:

• make sure they do not unfairly discriminate in any aspect of work
• take steps to prevent discrimination
• do all they reasonably can to protect people from discrimination by others
• look after the wellbeing of their workers – this is called a “duty of care”.

If your employer does nothing about the fact that you are being discriminated against, you may be able to take them to a tribunal. Employers are generally responsible for the actions of their workers. This is called “vicarious liability”. Anyone who discriminates against someone at work is also responsible for their own actions. Discrimination complaints and employment tribunal claims can therefore be made against individuals as well as employers.

Types of discrimination include:

• direct discrimination – less favourable treatment directly because of a protected characteristic
• indirect discrimination – when everyone is treated the same but people with a protected characteristic are put at a disadvantage
• harassment – unwanted or offensive behaviour related to a protected characteristic
• victimisation – negative treatment as a result of being involved with a discrimination or harassment complaint.

Make a record of what happened

To make sure you remember what happened, make notes about:

• the date the discrimination happened, or each time it happened if it was more than once
• the names of anyone who might have witnessed the discrimination
• the names of anyone involved, like the colleague or manager who harassed you and what they said or did
• anything you can remember about evidence that’s been lost, such as an email you deleted without realising it was important
• the “protected characteristic” that was the reason for the unfair treatment; for example, if you have been racially abused the protected characteristic would be “race”; if you were denied promotion because you are a trans worker, it would be “gender reassignment”
• how the discrimination affected you; for example, the emotional impact of being harassed or missing out on a promotion
• receipts for extra expenses, such as interview costs if you were dismissed and have been looking for a job.

Collecting your evidence

Evidence can be documents, your own description of what happened, or a witness’s version of events. Try to gather anything that helps explain the situation, like letters or emails. Look for evidence on social media if you use it to communicate with people from work. For example, a threatening message on Facebook could be evidence of discrimination. Print out the messages if you can, or take a picture or screenshot.

You should also make sure your employer has done everything they’re supposed to do. To do this, get copies of your contract and any internal policies on things like bullying or equal opportunities.

Check if there were any witnesses

If someone else saw or heard what happened, ask them what they witnessed. If it backs up your complaint, ask if they’re happy for you to give their name when you complain. You don’t have to have a witness. Your own evidence can be enough.

If you don’t think you have evidence

You don’t need to have documents to show how you were discriminated against. Discrimination often happens in a conversation or a meeting, so your basic notes about the day and time the discussion or meeting took place, who was involved, and what they did or said can be used as evidence.

How to get evidence from your employer

Your employer is likely to have access to a lot of documents and information which you don’t. This includes HR records and information about the gender or racial breakdown of the workforce.

Some employers publish equality information about their workforce that you can use. Public sector employers, like councils, have specific duties under the Public Sector Equality Duty to monitor and publish equality information about their workforce. You should be able to find this information online or by asking the HR department.

The best way to gather evidence that isn’t publicly available from your employer is to ask for it in writing. You’ll then have proof that you asked. If your employer doesn’t reply and you make a tribunal claim, the tribunal might take account of the fact that they didn’t reply.

When you ask for evidence, your employer will know you’re preparing to make a complaint. Before you ask them for evidence, make sure you’re certain you want to complain about the discrimination. It’s often a good idea to ask for evidence when you start your complaint. Collect any evidence you can get on your own before this, and be ready to show it to your employer.

Send your employer a list of questions

You can ask your employer questions about what happened. This can help you decide if they discriminated against you and if you want to take legal action about it. You should ask your employer to explain what they did. For example, why they didn’t get you equipment to help with your disability.

Make sure you keep a copy of the questions and any other correspondence you send your employer. If you send the questions by post, it’s best to ask the Post Office for proof of postage as you might need to show when you sent them.

Your employer should respond within a reasonable time. It’s useful to ask them to write back to you within a specified time, like 21 days.

Your employer doesn’t have to answer the questions but it’s in their interest to do so. You could point out that it might help resolve the problem without the need for any further action.

If you make a claim to an employment tribunal, the tribunal can order your employer to reply. It can also take account of the fact that they haven’t replied or that their replies aren’t clear.

Ask to see the information your employer has about you by writing to the employer saying that you’re making a “subject access request” under section 45 of the Data Protection Act 2018. You can ask for things like your HR file.

Keep a copy of your letter or email. If you’re sending a letter, ask the Post Office for proof of postage, as you might need to show when you sent your request.

Make a Freedom of Information Act request. If your employer is a public body, like a local authority, you can ask for:

• a copy of the information they hold about you (you can do this as well as asking for this information in other ways)
• information about your employer that would help you to make your argument; for example, statistics about diversity.

Find out how to ask for information under the Freedom of Information Act 2000 on GOV.UK.

Assess your evidence

When you’ve got your evidence, think about how well you can prove each part of your argument. For example, you might have very strong evidence about your direct discrimination claim, but less evidence about your manager harassing you.

You might prefer not to take forward the parts which you have less evidence for, and focus on the areas you can prove more easily. If you think you might be able to claim for another reason, check if it could be discrimination.

When you’ve collected your evidence, you’ll need to think about how strong it is. It will be weak if it:

• doesn’t show that the problem is discrimination under the Equality Act 2010
• is contradictory or unreliable; for example, if witnesses say different things and there’s no good reason for the contradiction.

You’ll also need to think about the evidence your employer is likely to have that might contradict your side of things.

Example

Azeem wants to complain that he was harassed at work. He doesn’t need lots of witnesses but he does need to think about any evidence his employer might have.

Azeem thinks his manager might have notes of a meeting in which she asked if everything was OK at work and he said it was. This could be used to contradict his argument that he was unhappy at work because of harassment.

Try to work out which side has the strongest evidence. If you think your employer has stronger evidence than you, then you probably won’t be able to prove your case. If you do decide to make a complaint, you can use the opportunity to ask your employer for evidence which will help you to decide how strong your case is if you’re considering taking it further.

If you decide to go to tribunal you’ll need to think again about your evidence to make sure you have what you need to support your case. As your case progresses, more evidence might become available – make sure you regularly consider whether continuing with your case is the best approach.

Next steps

When you’ve identified your claims and evidence, you can:

• complain to your employer about the discrimination, either informally or by raising a grievance
• complain to a tribunal.

If you believe you’ve experienced discrimination at work, you can make a complaint to your employer in writing. It’s best to make a complaint as soon as possible. But if you make a complaint a long time after an incident took place, your employer should still take it seriously.

If your employer has a specific policy for making discrimination complaints, you should follow that policy.

Your employer should take your discrimination complaint seriously and look into it as soon as possible. If you make a formal complaint and this does not resolve the problem, you can consider making a claim to an employment tribunal.

There are strict time limits for making a claim. In most cases, you have three months minus one day from the date the discrimination happened. If the time limit has passed, you can still make a claim to an employment tribunal. It’s up to the judge to decide whether or not to accept your claim. However, it is rare that tribunals extend the deadline, so get your claim in early. You can make a discrimination claim regardless of your employment status or how long you’ve worked for your employer.

If you have to leave your job because of discrimination

If you feel you have to resign because of discrimination, this is called “constructive dismissal”. You can also only usually claim constructive dismissal if you are classed as an “employee” and have worked for your employer for at least two years. This includes your statutory notice period. However, resigning from your job is a big step to take and constructive dismissal claims are hard to win at tribunals. You should therefore consider this very carefully before resigning.

The other thing to consider is that, if you have been suffering for a long time from discrimination, it makes it harder to win a constructive dismissal claim. This is because the tribunal will judge that you have been able to cope with discrimination for a long period without resigning. In this situation, try to point to an incident that you found to be the “final straw”, an incident in a long line of incidents after which you felt you could not carry on.

If you do resign, think about claiming both constructive dismissal and discrimination at a tribunal. Also it’s best to gather as much evidence as possible before resigning. If you are classed as a “worker” or have not been employed by the company for under two years, constructive dismissal is not an option, so think about claiming discrimination instead.

The Employment (Allocation of Tips) Act 2023 applies to tips, service charges and gratuities that employers have “control or significant influence” over. By law, employers must:

• pass on these tips to employees without deductions, other than usual tax and National Insurance deductions
• share these tips between employees in a fair and transparent way, following the Code of Practice
• have a written policy about these tips and keep records of them.

The government Code of Practice on fair and transparent distribution of tips is the minimum procedure an employer must follow. As such, if you are unhappy with the way tips are distributed then you should get together as a workforce and demand improvements. The law and the Code cover all employees and workers, including agency workers. The only people not covered by the act are the genuinely self-employed.

You can find more information on the government’s code of practice here:

Code of Practice on fair and transparent distribution of tips on GOV.UK

What is legally defined as tips

A tip or gratuity is a payment from a customer as thanks for good service. Tips can be something other than money, but they must be worth a fixed amount in money, and must be exchangeable for money, goods or services, for example, vouchers or casino chips.

A service charge is when a company adds an amount to the customer’s bill, before they give it to the customer. A service charge can be voluntary or compulsory.

What tips the law applies to

The Tipping Act and the Code of Practice apply to tips and service charges that employers have “control and significant influence” over. This includes:

• tips and service charges that go directly to an employer, for example a service charge added to a bill
• tips that go to the employee first, but that the employer collects and divides between employees.

Cash tips

Some employees receive cash tips. For example, customers often leave cash on the table, or in a tips jar. If your employer collects cash tips and shares them between employees, the Tipping Act and Code apply. If employees can keep cash tips and the employer has no control over them, the law does not apply. This is the case when a restaurant allows employees to keep cash tips left on the tables that they serve.

Even if the Act and the Code do not apply, it’s good practice for your employer to:

• explain the process for these tips in any relevant policies
• make sure customers are aware of what happens with these tips.

Digital tips

Sometimes customers use online apps to tip workers directly, such as delivery drivers for takeaway food. If the tip goes directly to the employee, the Tipping Act and Code do not apply.

Gifts

The Tipping Act and Code do not cover gifts that cannot be divided between employees or exchanged for money. For example, a bottle of wine.

When tips must be paid

Employers must pay tips to employees no later than the end of the month after the month the tips were received. For example, if a restaurant receives £1,000 from service charges in July, then the employer must pay this money to employees before the end of August.

Tronc systems

A “tronc” is a system used to bring together tips and share them between workers. It can be:

• separate from the employer
• set up by the employer, but run by the workers.

The person who runs a tronc is called a “troncmaste””’. This can be an employee, an accountant, or an independent company.

How the law applies to troncs

Employers using troncs do not directly control the tips. However, they must still follow the law. If the employer is using an independent tronc, they must:

• make sure the system is set up fairly
• follow the code of practice.

If a tronc is not paying tips correctly, your employer must take steps to resolve problems if they suspect that, or are told that a tronc is either:

• not sharing the tips out fairly (there is more info on this here: sharing tips out fairly)
• making deductions from the tips.

To try and resolve this, your employer could:

• raise their concerns with the tronc
• change the troncmaster
• end the tronc arrangement.

Tips and the minimum wage

Tips are not included in the minimum wage. Employers cannot use tips to make up employees’ pay to minimum wage levels. If an employer is doing this, an employee could either:

• make a claim to an employment tribunal
• complain to HMRC about not being paid the minimum wage.

If tips are not paid correctly

There are steps you can take if your employer or a tronc is not paying tips correctly. For example if they are:

• not paying tips on time
• taking deductions from tips.

It would be a good idea to call a meeting of those affected and plan some form of collective action. In legal terms it’s a good idea to raise the problem informally first. This can be done in the form of a letter signed by all the workers affected. If nothing is done you can raise the issue as part of a collective grievance accompanied by some form of collective action. If the problem is still not resolved, you can step up any action you are taking and consider taking your employer to an employment tribunal.

Nothing exposes the fact that employment laws are a joke more than the laws relating to unfair dismissal. As already noted, if you are dismissed, however unfairly, you have no chance of getting your job back. Of all the thousands of unfair dismissal claims, less than 10 people get reinstated each year. The most you can hope for is compensation.

However, the injustice does not end there. Those unaccustomed to employment laws quite naturally tend to look at a tribunal and equate it to a court, but this is not the case. When hearing a case involving unfair dismissal, the tribunal does not sit in judgement. Its role is not to decide if a person had been dismissed unfairly or otherwise, but to decide whether or not the actions taken by the employer were those that a “reasonable” employer would have taken when faced with the same circumstances.

In reality, the procedure for deciding an unfair dismissal case is nonsense. In effect, the tribunal has to decide whether the dismissal was within the range of reasonable responses open to a reasonable employer. Under this process, if the tribunal feels that the action of the employer in dismissing a worker fell within a “band of reasonable responses”, then the tribunal must find the dismissal to be fair. This means that clearly unreasonable behaviour by the employer is all too often seen as reasonable by the tribunal. This makes it hard to win unfair dismissal cases.

To give just one example, in the case of Robert Bates Wrekin Landscapes Ltd v Knight, Mr Knight was a gardener with an unblemished service record who had worked for several years at the site of a third party, Babcock. He forgot to return a bag of bolts that he had found on the site before he left for the evening. The bag was left in his work van on the site overnight. Before the tribunal, Mr Knight’s intention to return the bag was corroborated by a statement given by one of his colleagues.

It was also in evidence that the bag of bolts was worth £1 or £2. Mr Knight was summarily dismissed after the investigation. The Employment Tribunal concluded that this was a case of a dismissal relating to Mr Knight’s conduct. It held that the employer’s conclusion that the claimant had taken the bolts for personal gain was a genuine belief based upon reasonable grounds. Although admittedly a harsh decision, the decision’s substance was within the “range of reasonable responses”.

It is also worth noting that, even when you win an unfair dismissal case, you are not exactly going to receive an amount that will enable you to retire to a life of luxury. For example, in 2021/2022, the average award for an unfair dismissal case was £13,541. Even this figure is misleading, as most unfair dismissal cases never make it to a tribunal with many being settled at arbitration, often for a few thousand pounds.

This is not to argue that you should not bother to put in an unfair dismissal claim, quite the opposite. What is being argued is that, if you are looking to get your job back, as well as making a claim to a tribunal, you should look to win support from the people you work with and take collective action as a means of forcing your employer to reinstate you.

The laws relating to unfair dismissal are complex and we do not have space here to cover the laws in relation to unfair dismissal justice. Instead we would urge you to get in touch with us here at SFHWU. You should do so quickly, as you have only three months from the date you were dismissed to make a claim to an employment tribunal.

In the meantime, you can find a basic outline of the laws relating to unfair dismissal here: https://www.thompsonstradeunion.law/media/1175/unfair-dismissal-a-summary-of-the-law-thompsons-solicitors.pdf, while criticisms of these laws can be seen here: https://academic.oup.com/ilj/article/51/3/598/6347492.