EMPLOYMENT RIGHTS GUIDE

The rights that you have in employment depend on your employment status.

The categories of employment status are:

1. Employee2. Worker3. Self-employed

Which category you fall into depends on the nature of the working relationship. A summary of each category is set out below:

1. Employee

• You’ve entered into, or you work, under the terms of a contract of employment. This contract can be expressly agreed (in writing or verbally) or it can be implied by the nature of the working relationship.

• You are obliged to do the work personally (you cannot send somebody else in your place).

• The employer is obliged to provide work and

EMPLOYMENT RIGHTS FOR FULL-TIME AND PART-TIME WORKERS

you are obliged to do the work.• The employer has some control over the way in

which you carry out your work.

2. Worker

• This is a broader category than employee.• It normally excludes those who are self-

employed, but is likely to include most agency workers, short-term casual workers and some freelancers.

• Workers have fewer statutory rights than employees.

3. Self-employed

• Not generally protected by statutory employment rights.

• You may be protected by discrimination law.• You are likely to enjoy much more control over

your work.

Below is a table of statutory rights for employees and workers. Statutory rights are based on laws, regardless of whether you have an employment contract or not and regardless of whether you are a part-time or full-time worker.

If you are a worker, such as an agency or freelance worker, you are not entitled to as many rights as an employee. But you still have a right to be paid the National Minimum Wage, to have a limit on the amount of hours you are expected to work per week, and the right not to be discriminated against in the workplace.

You can find more information about the rights of freelance or agency workers at http://bit.ly/AgencyWorksReg.

A contract cannot take these rights away from you. For example, if your contract states that you are not entitled to paid holiday, this term is void and does not apply.

For more information about your rights at work, check out the Citizens Advice Bureau’s guide to basic rights at work at http://bit.ly/CBAWorkRights.

YOUR RIGHTS

A contract and a regular payslip

To be paid at least the National Minimum Wage, currently £6.50 for workers aged 21 and over, or £5.13 for workers aged 18 – 20 (you should check these figures at www.gov.uk/national-minimum-wage-rates as they change each year)

Paid holiday. Full-time workers are entitled to 5.6 weeks holiday per year, while part-time workers are entitled to a pro rata amount

Time off for trade union duties and activities (not necessarily paid) and the right to be accompanied by a trade union representative to a disciplinary or grievance hearing

Paid time off for antenatal care, maternity leave and, in some circumstances, adoption leave

Weekly and daily rest breaks

A maximum 48-hour working week (however, a worker aged 18 or over can choose to opt out of the 48-hour limit. This must be voluntary and in writing)

Not to be discriminated against in the workplace. It is unlawful to be treated unfairly due to your age, disability, gender identity, marriage or civil partnership, pregnancy or maternity leave, race, religion or belief, sex or sexual orientation

Notice of dismissal and written reasons why you are being dismissed. If you are unfairly dismissed you may have the right to claim compensation (if you have been employed for two years or more)

To receive a statutory redundancy payment (if you have been employed for two years or more)

Protection against unlawful deduction of wages

EMPLOYEE WORKER

Internships are a great opportunity to gain new skills and experiences within the creative industries. However, some employers can exploit their interns by refusing to pay them. As an intern:

• You should always get paid. Under employment law, if you work set hours, do set tasks and contribute value to an organisation, you are considered a ‘worker’ and you are entitled to be paid the National Minimum Wage. Even if you have agreed to work without pay, you can still claim it, as you cannot sign your rights away.

• The only circumstances in which you are exempt from claiming the National Minimum Wage are credit-bearing work placements, where your work placement is part of your educational studies, work shadowing, or voluntary work (volunteers do not have set hours and should be free to come and go as they please).

EMPLOYMENT RIGHTS FOR INTERNS

SUARTS campaigns to bring an end to exploitative unpaid internships: we have lobbied UAL to stop advertising unpaid positions on their careers website, held protests targeting rogue employers, and publicly called out companies which resulted in them changing their policies (Read the Huffington Post article following Shelly Asquith’s, SUARTS President, letter to Alexander McQueen at http://bit.ly/HuffUnpaidIntern).

We will continue to campaign over the coming year to bring an end to exploitative employment practices.

CAMPAIGNING AGAINST UNPAID AND EXPLOITATIVE INTERNSHIPS

The Students’ Union Advice Service now offers free, independent and confidential advice on employment rights.

We can help with most concerns including:

• Employment status: Are you a worker or an employee and why does it matter?

• Internships: What rights do you have to be paid?• Artists’ rights: Are you working on a freelance

basis or without an employment contract? Are you selling your work and want to know more about design rights?

• Discrimination: Are you being treated unfavourably and, if so, what can you do about it?

• Dismissal: Have you been dismissed without notice? Have you been treated unfairly?

SUPPORT FROM THE STUDENTS’ UNION

We have links with other service providers, so if we can’t help with your query, we can signpost you to somebody that can.

Get in touch

If you would like more information or to make an appointment with our adviser, please contact us on 020 7514 6270 or email advice@su.arts.ac.uk. We also run drop-in sessions from 10am – 12pm, Monday to Friday at our office in High Holborn.

The majority of students with a Tier 4 (General) student visa are allowed to work in the UK while studying. To make sure you are eligible to work, check what your passport sticker or biometric residence permit (BRP) says. If your passport sticker or BRP states one of the following you will not be able to work:

• No work• Work prohibited

How many hours can I work a week?

If you do have the right to work, you may only be allowed to work a certain number of hours per week during term-time. The maximum hours you can work are normally printed on your visa sticker or biometric residence permit (BRP).

What type of job can I do?

If you do have the right to work, you can be employed in most roles and workplaces. However, you cannot work as the following:• Self-employed• Employed as a professional sportsperson• Employed as an entertainer*• In a permanent, full-time job

INTERNATIONAL STUDENTS: WORKING DURING YOUR STUDIES

* If you are studying music or dance at a degree level, you can undertake a work placement that involves professional performance as long as it is arranged by the University and assessed as part of your course.

For more information about working during your studies, visit http://bit.ly/UKCISAStudies.

Can I work after I have graduated?

If your visa extends after the end date of your course, you can be employed full-time for up to four months after your course has ended.

If you would like to stay in the UK and work for longer than four months after graduation, you will have to re-apply for a suitable visa.

For more information about the schemes available for working in the UK after your studies, please visit http://bit.ly/WorkPostStudies.

What is a National Insurance number?

A National Insurance number (NINO) is a unique number given to you by the government that helps your employer pay your National Insurance contributions. You need to get a National Insurance number in order to be paid by your employer.

How do I get my National Insurance number?

To get a National Insurance number, you need to telephone Jobcentre Plus on 0845 6000 643. You will need to provide the following information:

• Your UK home address• Your contact phone number• Your visa expiry date• Where your visa was issued

NATIONAL INSURANCE NUMBER

At the end of the interview, you will be given a reference number and another phone number. It is very important to keep these safe, as you will need them in case your application gets lost.

You will then be sent a postal application or you may be asked to attend an interview at your nearest Jobcentre. The Jobcentre Plus will also give you the date, time, location and a list of documents you must bring to the interview.

For more information on how to apply for a National Insurance number, please visit www.gov.uk.

Trade unions are organisations whose members come together as a group in the workplace to negotiate with employers to improve pay, terms and conditions and to ensure that everyone is treated fairly and equally.

Trade unions provide members with advice, representation and legal support. They also campaign on national or international issues that impact on their members.

Many trade unions offer significantly discounted rates to students as they recognise that students are often on a very tight budget.

TRADE UNIONS

Artists’ Union England

Artists’ Union England is a trade union for professional visual and applied artists. They organise to challenge the economic inequalities in the art world, and negotiate fair pay and better working conditions for artists. If you are a professional visual or applied artist, you can join them via www.artistsunionengland.org.uk.

Other trade unions

If you work in a different sector of the creative industries, there are a number of other active trade unions that you can join. For a full list of UK trade unions, please contact the Trades Union Congress (TUC) or visit www.tuc.org.uk/britains-unions.