1.2a – Describe their employment rights and responsibilities

Here are some examples and descriptions of your rights and responsibilities in each area to answer Care Certificate Standard 1 – Activity 1.2a.

Every worker has legal protections in place the moment a job starts. These laws apply to all staff in health and social care, regardless of contract type, hours worked or length of service.

Workers’ rights help to create fairness, dignity, and safety at work. Knowing about these rights helps prevent exploitation and misuse. It also helps staff to work confidently and safely.

Key rights for health and social care workers include:

• Receiving written information about the main terms of employment
• The right to a safe and healthy workplace
• Fair pay, including the National Minimum Wage or National Living Wage
• Protection against unlawful deductions from wages
• Paid annual leave (holiday pay)
• Protection against unfair dismissal
• The right to request flexible working
• The right to join a trade union
• Protection from all forms of discrimination

Written Statement of Employment Particulars

Within two months of starting a job, every worker should get a written statement. This document sets out the main conditions of employment.

It covers:

• Job title and description
• Employer’s and employee’s name
• Pay rate and payment frequency
• Hours of work
• Holiday entitlement
• Notice period
• Information about disciplinary and grievance procedures

The purpose is to avoid misunderstandings. The written statement may not be a full contract but is a legal requirement. If an employer fails to provide this, the worker can take them to an employment tribunal.

Pay and Wages

Every worker must get paid at or above the minimum set by law. The National Minimum Wage applies to anyone above school leaving age. The National Living Wage is for those aged 23 and over.

If any worker is underpaid, they can raise it with their employer or take their case to an employment tribunal. Employers must give payslips showing how pay has been calculated.

Wages include basic pay and any agreed bonuses or overtime. Pay must be made on the agreed date, usually weekly or monthly.

Unlawful deductions cannot be made from wages without agreement and are forbidden under the Employment Rights Act 1996.

Holiday Rights

All workers are entitled to paid holiday. The minimum legal entitlement in the UK is 5.6 weeks per year. This can include bank holidays unless the contract says otherwise.

This right begins from day one of employment. Part-time workers get these rights on a pro-rata basis, meaning they receive the same benefit but calculated for fewer hours.

Employers should keep clear records of holidays taken and holidays remaining.

Rest Breaks

Health and social care can include long or irregular shifts, but staff must be allowed rest periods. Law says workers are entitled to:

• A 20-minute uninterrupted break if the working day is longer than 6 hours
• 11 hours’ rest between shifts
• At least one day off each week or two consecutive days every fortnight

Young workers under 18 get longer breaks.

Proper breaks support safety and wellbeing. Tired workers are more likely to make mistakes, which can put people at risk.

Safe Working Conditions

Employers have a duty to provide a safe and healthy workplace. They must follow health and safety laws, provide training, and make reasonable adjustments for disabled staff.

Examples in health and social care include:

• Providing personal protective equipment (PPE)
• Maintaining equipment
• Ensuring safe manual handling procedures
• Offering vaccinations for staff at risk from workplace infections

Workers also have responsibilities. They must use the equipment provided and follow safety guidelines.

Sickness and Sick Pay

If a worker gets sick, they need to follow the workplace policy for absence. This usually means telling their manager as soon as possible.

If the worker is off for more than 7 days, a fit note from a GP (sometimes called a sick note) may be needed.

Staff may be entitled to Statutory Sick Pay (SSP) if they meet the rules. Some employers offer enhanced contractual sick pay.

Absence policies should be clear and fair, explaining procedures for reporting, evidence, and pay.

Family and Parental Rights

Health and social care workers have the same rights as other staff to maternity, paternity, and adoption leave. Statutory Maternity Leave is 52 weeks in total, with up to 39 weeks paid.

Shared Parental Leave allows parents to split time off. Employees can also take unpaid Parental Leave up to a total of 18 weeks for each child under 18.

Employers must not treat workers unfairly for taking family leave.

Working Hours and Overtime

Most workers are protected by the Working Time Regulations. These state that staff should not work more than 48 hours a week on average unless they have chosen to opt out in writing.

There are exceptions but most staff can refuse overtime if it takes them over this limit.

Pay for overtime should be agreed in the contract. Many employers in health and social care pay an enhanced rate for unsocial hours.

Equality and Non-discrimination

Every worker must be treated fairly, regardless of characteristics like age, gender, race, disability, religion, or sexuality. The Equality Act 2010 protects staff from discrimination at every stage of employment.

In health and social care this is particularly important, as staff reflect the diverse community being served.

Discrimination, harassment and bullying are never allowed at work. Staff who feel they have experienced unfair treatment can raise a complaint or use the grievance procedure.

Right to Join a Trade Union

A trade union is an organisation that represents workers. Health and social care staff have the right to join a union or not to join.

Unions can provide advice, support, and representation. They help negotiate pay and conditions with employers.

Employers are not allowed to prevent staff from joining or taking part in union activities.

Protection Against Unfair Dismissal

Once an employee completes two years of continuous service, they gain the right not to be dismissed unfairly. Before this, dismissal must still not be for discriminatory or unlawful reasons.

Unfair dismissal could happen if an employer does not follow a proper process, or acts unreasonably.

Sometimes dismissal can be fair, such as repeated misconduct or inability to do the job, but proper steps must be taken.

Workers dismissed for an unfair reason can challenge the decision through an appeal or employment tribunal.

Redundancy Rights

Redundancy means a job is no longer needed. Workers have rights to a fair process, pay, and consultation if made redundant.

Redundancy pay, notice periods and support in finding new work may apply.

The redundancy process must be clear and transparent, avoiding bias. If the employer does not follow the law, the worker can challenge the redundancy.

Notice Periods

Notice is the amount of warning given before employment ends.

The minimum notice employers must give depends on how long someone has worked for them:

• One week’s notice if employed between one month and two years
• One week for each year worked (up to a maximum of 12 weeks) for longer service

Employees must give their employer at least one week’s notice if they’ve been in their job for a month or more.

Employers often state a longer notice period in the contract.

Grievance and Disciplinary Procedures

Health and social care staff sometimes experience problems at work such as disputes, unfair treatment, or breaches of rights.

Grievance procedures explain how to raise a concern formally. Disciplinary procedures set out what happens if a worker is alleged to have broken the rules.

These procedures must be clear, fair, and followed by everyone. Workers have a right to be accompanied by a union representative or work colleague at formal meetings.

Keeping these processes transparent and accessible helps everyone feel safe and heard.

Information and Training

Employers must provide clear information on workplace policies, expectations, and changes. Training is important for safe and effective working.

Examples of important training in health and social care:

• Manual handling
• Safeguarding
• Infection prevention
• Emergency procedures

Up-to-date training is both a right and a responsibility. Workers should speak up if they feel they need more support or training.

Confidentiality and Data Protection

Confidentiality involves keeping personal and sensitive information private. In the workplace, staff must only access and share information as required for their job.

Data Protection laws protect workers’ personal information held by their employer. Employers should have clear policies on how this information is managed and stored.

If a worker believes their information has been handled wrongly, they can complain to the employer or raise a complaint with the Information Commissioner’s Office (ICO).

Workers’ Responsibilities

Employment rights work alongside certain responsibilities. Health and social care staff must:

• Arrive at work on time and follow absence reporting rules
• Carry out duties to the required standard
• Follow organisational policies and procedures
• Treat colleagues, service users and others with respect
• Keep information confidential
• Use equipment safely
• Attend essential training and meetings

Meeting these responsibilities helps to provide high standards of care and supports teamwork.

If a worker fails to meet responsibilities, disciplinary action may follow. Honesty and professionalism protect everyone.

Problems at Work: Raising Concerns

If something is wrong at work, it is important to raise concerns. This might be about unsafe conditions, unfair treatment, or witnessing practice that might put others at risk.

Ways to raise issues include:

• Speaking to a line manager or supervisor
• Using the workplace grievance procedure
• Contacting a trade union or staff representative
• Reporting serious wrongdoing (sometimes called whistleblowing) if people are at risk

Employers must never treat staff unfairly for speaking up (victimisation). Confidential routes are available for serious or sensitive cases.

Changes to Employment

Contracts and working conditions can sometimes change. Employers must consult staff before making big changes.

Changes to pay, hours, duties, or workplace location should be discussed with enough warning. If there’s disagreement, staff can use negotiation processes or seek advice.

Workers should keep copies of all contracts and paperwork in case they need them for reference.

Sources of Support

There are many places to get advice about employment rights:

• Human Resource (HR) department
• Trade unions
• ACAS (Advisory, Conciliation and Arbitration Service)
• Citizens Advice
• Employment tribunals for legal action

Knowing where to turn for specialist help brings peace of mind.

Final Thoughts

Knowing your rights and responsibilities at work is not just about rules. It is about feeling respected, valued, and protected in your role. This holds special importance in health and social care, where the work can be demanding and the stakes are high.

By understanding what is expected of you—and what support and protections you are owed—you can carry out your work confidently. You are better equipped to manage workplace challenges and support your colleagues and those in your care. Everyone has a part to play in creating a fair and supportive workplace.