The start of the decade and its COVID-shaped crisis has seen perhaps the biggest shift in the way we work since the original industrial revolution. So much so, in fact, that many pundits are labelling our current phase of remote, flexible working as the ‘fifth industrial revolution’, with companies adapting their working practices to be more pliant and nimble, and accelerating the automation of many of their processes.
Though this has led to (in some sections of the media) a perceived increase in the comfort of everyday work for many, the reality is that employee’s rights are in serious jeopardy of being eroded because of these shifts to remote work.
As a result, several new concepts surrounding worker’s rights have emerged, with some leading to changes in legislation and law. Whether you’re still working from home or you’re returning to the office in 2022, here are 5 employment rights you might now know about.
You Have A Right To Flexible Working
We’re all familiar with the general concept by now, but ‘flexible’ working can actually mean many things; whether that’s full-time working from home, a ‘hybrid’ model where an employee shares their time between home and the office, flexitime (with adaptable start and finish time within agreed limits), job sharing, and compressed hours, where the employee fulfills their contractual obligations over a shorter set of days than your normal five.
Right now, employees must have worked for a company for 26 weeks before they can request flexible working (and can make the request just once a year) though the government is rumoured to be considering the ability to request flexible working a right from day one, essentially making flexible working the default.
The request must be made in writing, and your employer has three months to respond. Should the request be rejected, you can complain to a tribunal.
For employees, check out these ways to encourage a productive flexible working environment.
Your Employer Has A Legal Duty To Take Care Of Your Health And Safety While You’re Working, Even When Working From Home
Employers have a duty to ensure work is a safe, healthy environment for all employees under the Health and Safety at Work Act 1974. This covers many aspects of the workplace, such as the cleanliness of toilets, the provisions of clean drinking water, adequate ventilation and light, and ensuring all equipment is maintained, safe and that employees are properly trained to use it.
Employers must also carry out risk assessments updated to include COVID-19 preventative measures and offer appropriate levels of PPE.
You have various compensation rights, should you feel your employer hasn’t provided the adequate safety and you suffer an injury while at work. With the help of accident at work solicitors, you could make a claim, particularly if the injury you’ve sustained is a result of manual handling, the lack of proper PPE provision, exposure to harmful substances, or, more generally, any unsafe working conditions or practices.
Read: 5 steps to take after sustaining an injury at work
You Have The Right To An Uninterrupted Break Of At Least 20 Minutes, Every Six Hours
Although it perhaps doesn’t sound like much, and most employers offer significantly more time for breaks throughout the day, you are entitled to enjoy at least 20 minutes of uninterrupted break every day, if you work more than six hours in a day. It should be away from your workstation, ideally, and neither at the start or the end of the working day.
But this isn’t the only type of break you’re entitled to. In fact, the Working Time Regulations 1998 defines three types of break: those 20 minutes we mentioned, as well as 11 uninterrupted hours daily and at least one day off a week.
Interestingly, this still applies when employees are working from home, and you shouldn’t be expected to be at-desk for the entire day as a result. This brings up an interesting debate about the right to disconnect – more on that later.
Your Right Not To Be Discriminated Against
The Equality Act 2010 protects workers against discrimination on the basis of:
- Age
- Gender reassignment
- Marriage or civil partnership
- Pregnancy or maternity
- Disability
- Race, including colour, nationality, ethnic or national origin
- Religion or belief
- Sex
- Sexual orientation
It’s important that if you believe you’re being discriminated against at work, you first identify which form of discrimination applies, and if you’re protected by law. Citizens Advice have a useful guide to the steps you should take if you believe you’re being discriminated against here. Do check it out.
A RIGHT TO DISCONNECT?
Though it’s currently not a right enshrined in the law here in the UK, several countries worldwide have introduced the idea of a ‘right to disconnect’ as a result of the rise in home working. Essentially, this allows employees to disconnect from work outside of normal working hours, protecting their free time from intrusive calls and emails.
Though Ireland and Portugal have recently joined France, Italy and Spain in having versions of this law, the UK currently has no plans to follow suit. That said, with interest growing in the idea, we wouldn’t be surprised if the law changed in the not too distant future.
*The contents of this article do not constitute legal advice and are provided for general information purposes only*