What are my rights at work?
Frequently asked questions

Q. I am a married woman and my employer has just changed the opening hours of the shop I work in. He says that if I can’t change my hours to suit, he will have to let me go. Is this right?

The terms of a contract of employment may only be varied with the consent of the employer and employee. Employers are expected to consult fully and properly with the employee, and they must give reasonable consideration to any objections and alternative suggestions.

If the employer wishes to vary the contract and the employee refuses, the employer must give notice to terminate the contract. The individual will still have the right to bring a claim of unfair dismissal. It is up to the employer to prove that the change in terms and conditions is necessary, so that if there is to be a dismissal it will only be a fair dismissal if it amounts to “some other substantial reason” for dismissal.

If the change of hours means that you would have to work full time instead of part time, it is possible that in addition to the above employment law, you might have a claim under discrimination law.

As fewer women than men can comply with a requirement to work full time, it may regarded by a tribunal as indirect sex discrimination to require you to do so. In both instances, a claim is to an employment tribunal; in sex discrimination cases there is no limit on the compensation payable.

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Q. I am a woman working in the accounts section of a company. The work I do is just as difficult as the work other women do talking to customers but they get more pay than I do. Doesn’t the law give me equal pay with them?

The Equal Pay Act only helps in comparing the work of men and women, not in comparing the payment made or work by different individuals of the same sex. There is no “Fair Pay Act” although there is the National Minimum Wage which applies to every worker over 18.

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Q. What is the pay gap?

The average woman working full time earns 81% of the hourly pay of the average man working full time. This does not mean that men and women working alongside in the same job earn different amounts (that is illegal under the Equal Pay Act). It means that the jobs women are in generally pay less than the jobs men are in.
More about the pay gap

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Q. Can my employer oblige me to wear a skirt to work?

An employer is entitled to have a dress code, especially where there are reasons such as hygiene. Any such code should apply similar standards to men and women, and not impose a disadvantage on either sex compared to the other. It can impose standards such as “conventional dress”, which may include a skirt, and a tie and jacket for men. There have however, been cases where at a Tribunal a woman has proved that a trouser suit equally met the dress code.

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Q. I suffer from suggestive remarks from my boss. What can I do about it?

Sexual harassment is defined as unwanted conduct of a sexual nature with the purpose or effect of violating the dignity of that person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Although harassment is not mentioned in the SDA, a court ruled in 1986 that the provisions of the Act make some forms of harassment unlawful because harassment can be detrimental treatment on the grounds of sex.

If the experience you have had fits this description, then you may have a tribunal case, but you will need evidence such as a diary or witnesses.

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