Employment Rights Part 1

This chapter gives basic guidelines about rights at work. Employment law is a complicated area so don't rely solely on anything contained here - always get advice first. In addition to a range of organisations listed at the end of the chapter Lesbian and Gay Employment Rights (LAGER) specialise in legal and employment issues for lesbians and gay men. Starting work

Contract A contract of employment comes into existence as soon as you start work. It can be verbal or written. It is always better though if terms and conditions are written down. As well as specific terms all contracts of employment contain 'implied' terms that are broader, such as a duty of 'mutual trust and confidence'.

Written statement of terms and conditions Employees are entitled to this by law within two months of starting work. It must include details of pay, hours, holidays, sickness and notice.

Notice of termination of employment Your contract may tell you how much contractual notice you are entitled to. However, everyone is entitled to the minimum statutory notice - your contract may give you longer.

Hours/pay New laws set out minimum rates of pay and maximum hours of work. Does this affect you? Find out by getting in touch with your local CAB or calling LAGER on (020) 7704 6066. First signs of trouble

If you think you're being badly treated or discriminated against, don't wait until things get out of hand; contact your local CAB or LAGER straight away. You can discuss the situation with them and get advice about action you could take.

Write everything down; it's easy to forget crucial dates and details. Keep a record of comments, events and action taken by your employer or colleagues that you think are unreasonable, unjustified or discriminatory. If appropriate, get this record signed by a witness.

If your employer asks you to accept a change in terms and conditions of employment which you find unacceptable, and which alters your written or verbal contract of employment, don't agree without getting legal advice. Don't sign anything, and don't start work under the new conditions; this might indicate that you have agreed to them. Ask for time to consider the change. Ask your employer what will happen if you don't accept the change. Try to put these questions in writing and get written replies, or get a friend or trade union rep to be a witness. If you object to the change but feel that you have no choice, let your employer know in writing that you are working under protest. Keep a copy of this letter and send it recorded delivery.

Don't take action or walk out of your job without getting legal advice. Dismissal

If you are sacked get legal advice as soon as possible since there are tight deadlines for taking action.

If you are in a trade union contact your shop steward or representative straight away.

If your employer asks you to resign, get legal advice first. As well as finding out if you would be able to make a claim to an employment tribunal, you need to be aware of problems getting benefits (although resigning doesn't automatically mean no benefits). If you think that your employer sacked you unreasonably you can take a claim of unfair dismissal to an employment tribunal. To take this action you need to have been in the job for at least one year, unless your dismissal was to do with race, sex or disability discrimination, trade union membership, or for trying to get rights that you were entitled to by law. There are other exceptions, so always get legal advice. An unfair dismissal claim needs to be submitted less than three months after the date you were sacked. Discrimination claims need to be submitted less than three months after the last act of discrimination that you experienced. Constructive dismissal If you have been employed for at least a year, and your employer has acted so badly that you want to resign, you may be able to claim 'constructive dismissal.' Again, you need to get legal advice before doing so, since a successful claim requires certain conditions to have been met. Your employer's bad treatment must be shown to be a 'fundamental', ie serious breach of your contract - although this could be an implied term as mentioned above, as well as a specific term. Failure to stop harassment is an example of a breach of an implied term. You also need to tell your employer in writing exactly why you are resigning. This online advice guide is an extract from the book TOGETHER, by kind permission of Patriic Gayle and Gay Times Books. The book itself is over 300 pages long and contains:

several chapters more useful advice and information

more in-depth information in some chapters

more pictures and tables

further contacts at the end of each chapter

a comprehensive listing of gay and health organisations Described by Qx magazine as a 'Gay Bible', Together Book is a practical reference work no bookshelf should be without.

Available from Prowler Stores and all good bookshops, or click the link below for price and ordering details.

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