Know Your Rights

What exactly are my rights as an employee within the hospitality industry? Am I being discriminated against? Am I working too many hours? Unite the Union have the answers…

The Right to Rest Breaks

  • Workers have the right to one interrupted 20 minute rest break during their working day if they work more than 6 hours per day.

  • Workers have the right to 11 hours rest between working days.

  • Workers have the right to an uninterrupted 24hours without work each week.

  • Workers have the right to an uninterrupted 48 hours without any work each fortnight.

Fair tips & Service Charge

  • Workplaces will have to have a written policy on dealing with tip and service charges that is available to staff.

  • Employers will have to hold records of all tips and service charges that can be accessible to staff.

  • Workers will have the right to take their employer to tribunal if they can show the employer has failed to fairly allocate tips, make a payment of tips, failure to have a tips policy or keep written records of tips.

Sexual Harassment

  • Workers are protected under the Equality Act 2010 from all forms of sexual harassment.

  • Employers have a duty of care to protect workers and are legally liable for sexual harassment in the workplace if they do not take reasonable steps to prevent it.

  • Workers have the right to pursue sexual harassment claims through the grievance process with their union representative.


Excessive (+48) Hours Worked

  • Under the Working Time Directive, Hospitality Workers have the right NOT to work more than 48 hrs per week (based over a 17 week average).

  • Workers should seek to ‘Opt-in’ to the Working time directive clause in their contract as soon as possible.

  • Workers should seek the support and advice of their union when discussing this matter.


Changes to Your Rota at the Last Minute

  • Check your contract of employment. Most Hospitality Workers have contracts that allow flexibility on hours/ days worked and management rights to amend rotas.

  • Check your contract to ensure you are still getting the minimum number of hours stipulated (unless you are on a zero hour contract).

  • There is no law governing a minimum period of consultation prior to a change in your rota, BUT it has to be reasonable. (For example a wholesale change to your rota on a Sunday night for the following day would not be reasonable). Contact your union representative to get further advice.


Health and Safety

  • Your employer has a duty of care to you under the Health and Safety at Work Act 1974.

  • Your employer has responsibilities to have a Health and Safety Policy at Work.

  • Your employer has to manage risk assessments at work.

  • Your employer has to report accidents and illness.

  • Your employer has to provide information and training on Health and Safety.

  • Your employer has to consult workers on Health and Safety matters.

  • Your employer must provide wash and welfare facilities at work, first aid kits and trained appointed first aiders..

  • Your employer must display a Health and Safety poster at work and appoint a competent person to manage Health and Safety in the business.

Contact your union representative if your employer is not complying with any of the above.


Discrimination at Work

  • You are protected from discrimination at work under the Equality Act 2010.

  • You have the right to pursue a grievance at work (and ultimately a tribunal) if you are discriminated against on the following grounds;

    • Age

    • Gender reassignment

    • Being married or in a civil partnership

    • Being pregnant or on maternity leave

    • Disability

    • Race (including colour, nationality, ethnic or national origin)

    • Religion or Belief

    • Sex

    • Sexual Orientation


The Right to be Accompanied

  • Under section 10 of the Employment Relations Act 1999 workers have the right to be accompanied at any grievance or disciplinary meeting by a work colleague or trade union representative.

  • The right also applies to appeal hearings, final redundancy meetings and meetings relating to long-term sickness absence where employees could face dismissal.


Unfair Dismissal

Your dismissal at work could be unfair if your employer does not;

  • have a good reason for dismissing you.

  • follow the company’s formal disciplinary procedure.

Situations where your dismissal is likely to be unfair include;

  • Asking for flexible working.

  • Joining a trade union.

  • Exposing wrongdoing in the workplace (whistleblowing)


*Please note Unfair dismissal protection does not normally apply until employees have had 2 years’ service in the workplace. There are however some clear examples when there are automatically unfair dismissals (not governed by the 2 year rule). These would include the examples above and other cases of discrimination. Contact your union representative to discuss.

Victimisation

  • Workers cannot be victimised at work for belonging to or participating in union activities under the Trade Union and Labour (Consolidation) Act of 1992.

  • Workers cannot be victimised for raising a complaint of discrimination or harassment.

  • Workers cannot be victimised for raising genuine Health and Safety concerns.

  • Any workers suffering ‘detriment’ should contact their union representative as soon as possible.