Legal rights of an Employee

What are the legal rights of an employee?

All employers must obey the laws on employment. These laws include:

  • Providing payroll services which includes paying wages, tax and National Insurance.
  • Employees must be given a written document giving the main terms and conditions of their employment. This is sometimes called a Contract of
  • Employment. Business Link’s website has an interactive tool to produce a Contract of Employment.
  • Employees are legally entitled to a minimum number of holidays. More information on Annual Leave Entitlement.

You can start your holiday year whenever you like. It can be on the day when the P.A. starts working or you can have a fixed leave year. Business Link tells you how to calculate holiday entitlement part way through the holiday year.

Employees may be entitled to Statutory Sick Pay (SSP) if they are ill for more than 4 consecutive days. Find out more about

SSP (Statutory Sick Pay)

Business Link gives more information on employees rights for Statutory Maternity or Paternity leave, including time off work for ante natal care.

It is the responsibility of the employer to check if the P.A. is legally allowed to work in this country. For more information, go to the Preventing Illegal Working page

For more details go to the Home Office website

There is a legal minimum period for notice of termination of employment.

Employees have the right not to be unfairly dismissed.

More information regarding fair and unfair dismissal on the Gov.UK website.

Employers must have the appropriate insurance to cover their employees. Some household insurance policies include Employer’s Liability as part of the cover. If additional insurance needs to be bought, the local Council will fund this as part of Direct Payments.  More details on Employer’s liability insurance can be found on the HSE (Health and Safety Executive) website.

Employees have the right to work in a safe environment. It is the responsibility of the employer to ensure the health and safety of a P.A. If the P.A. is employed through an agency, it will be the agency’s responsibility to safeguard the health and safety of the P.A.

CRB (Criminal Record Bureau) Disclosures

If the role as P.A. involves regular contact with the children of your employer, you are legally required to have a CRB check. This can be arranged by your local authority. For more information on CRB disclosures click here.

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