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Statutory Rights

At Clarke & Son, our employment law solicitors are here to help you deal with a wide range of statutory rights issues. You can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.

We will explain what rights you have, whether that be as an employee or a worker. We will help you plan the best route forward to manage your particular situation with consideration to your statutory rights.

As a firm, we pride ourselves on offering a detailed fee structure. You can talk to us in complete confidence and we offer advice on a fixed fee basis so you know what the cost will be.

Book an Appointment

Our employment law team are on hand to assist with your statutory rights enquiries, get in touch to book an appointment.

Holiday Pay

Most workers have a right to a minimum of 5.6 weeks’ paid annual leave under the Working Time Regulations 1998, this assumes of course a five days a week form of employment and includes bank holidays.

This rule is also subject to other considerations such as whether the employee started partway through a holiday year, worked on a part-time basis or has taken other forms of leave already. Depending on the situation the contractual rights might result in greater or lesser entitlements. Recent case law has confirmed that some forms of overtime must also be included in holiday pay.

We can advise you on your particular circumstances and entitlements in the context of the most recent changes in the law. We also offer our assistance on a fixed fee basis so that there are no surprises to you in relation to our costs.

Maternity Rights

There are various different maternity rights available during the period of maternity leave as well as after the maternity leave period when the employee returns to work.

To qualify for maternity rights the employee must satisfy several tests to become eligible or else they may need to apply for maternity allowance. If it is established that an employee is entitled to maternity rights it must be then established that the employee will receive the correct amount of statutory maternity pay through the maternity period as well as receiving other entitlements such as holiday accrual and the right not be dismissed, discriminated or be subject to any detriment.

We can help if you are expecting to go on maternity leave and wish to know more about your rights, or if you have any concerns regarding your treatment while you are still at work or on maternity leave.

Paternal Leave

Some working parents are entitled by law to unpaid parental leave of up to 18 weeks for each child. This is in addition to other rights. Parental leave can be taken up until a child’s 18th birthday.

Parental leave is available to birth and adoptive parents but also to anyone who has or expects to have, parental responsibility for a child. Where there are no provisions in an employment contract relating to parental leave rights the statutory provisions will impose a default scheme.

Whilst on leave working parents will still benefit from certain contractual rights and obligations and have the right to return to the same job, or in certain cases a suitable alternative job, after the expiry of the leave.

Shared Parental Leave

Shared parental rights apply from April 2015. As a result of this a parent who is entitled to statutory maternity/adoption leave, pay or allowance to share the balance of the leave with the child’s other parent.

For advice and assistance in relation to shared parental rights in the workplace, we will assist you on a fixed fee basis. Therefore as a result of this, you are aware of costs beforehand.

For more information and government, guidelines click here: https://www.gov.uk/parental-rights-responsibilities

Time off for Dependants

All employees have the right to reasonable time off work to deal with emergencies involving a dependant. The right is only to unpaid leave.

It is intended to deal with unforeseen matters or emergencies. You need to let your employer know the reason as soon as possible. The time off in these circumstances is normally no more than one or two days.

If a longer time is required then subject to agreement with the employer this may well involve use of holiday leave at short notice or extended unpaid leave.

If you require any assistance or guidance in respect of your employment rights contact us to discuss the matter further and we will normally be able to act on a fixed fee basis so you know the cost.

Employment Law Team

Litigation & Employment Director
Associate Solicitor
Legal Secretary

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If you have any questions or would like to enquire about one of our services, please fill in the enquiry form below and one of the team will get back to you.