Overview

You

can

appeal

to

the

First

tier

Tribunal

War

Pensions

and

Armed

Forces

Compensation

Chamber

if

you

disagree

with

a

decision

about

your

war

pension

or

compensation

You

must

appeal

within

year

of

getting

your

decision

letter

The

tribunal

is

independent

of

government

and

will

listen

to

both

sides

of

the

argument

before

making

a

decision

There

are

different

tribunals

in

Scotland

and

tribunals

in

Northern

Ireland

Decisions

the

tribunal

can

make

The

tribunal

will

decide

whether

your

injury

was

caused

or

made

worse

by

serving

in

the

armed

forces

If

it

was

it

can

then

make

decisions

about

your

entitlement

to

a

pension

or

compensation

how

much

pension

you

get

your

entitlement

to

extra

allowances

for

example

for

mobility

needs

pension

start

dates

withheld

pensions

The

tribunal

deals

with

appeals

for

the

pension

schemes

currently

running

which

are

the

War

Pensions

Scheme

for

injuries

caused

or

made

worse

by

service

before

April

the

Armed

Forces

Compensation

Scheme

for

injuries

caused

by

service

from

April

onwards

Help

you

can

get

You

may

want

to

get

legal

help

or

advice

before

you

appeal

You

may

also

be

able

to

get

help

from

organisations

including

Combat

Stress

Blesma

The

Limbless

Veterans

Burma

Star

Association

National

Gulf

Veterans

and

Families

Association

NGVFA

Royal

Air

Forces

Association

RAFA

Royal

British

Legion

RBL

Soldiers

Sailors

and

Airmen

’s

Families

Association

Forces

Help

SSAFA

UK

Armed

Forces

Charities

How

to

appeal

You

should

appeal

within

one

year

of

getting

your

decision

letter

Before

you

appeal

Write

a

letter

to

Veterans

UK

and

ask

them

to

reconsider

their

decision

Explain

why

you

think

the

decision

is

wrong

and

give

any

information

not

included

in

your

original

claim

They

will

look

at

your

case

again

and

write

to

you

with

their

decision

Veterans

UK

was

previously

known

as

the

Service

Personnel

and

Veterans

Agency

SPVA

If

you

’re

still

unhappy

Contact

the

Veterans

UK

helpline

and

ask

for

an

appeal

form

to

take

your

case

to

the

tribunal

Fill

it

in

and

send

it

back

to

Veterans

UK

Call

if

you

need

help

filling

in

the

form

Late

appeals

In

some

cases

you

’ll

be

allowed

to

appeal

after

one

year

but

you

must

explain

why

your

appeal

is

late

You

can

not

appeal

against

any

decision

after

years

After

you

appeal

Veterans

UK

will

send

the

response

to

your

appeal

to

the

tribunal

you

’ll

get

a

copy

of

the

response

The

response

will

contain

information

given

in

your

claim

and

the

evidence

used

to

make

the

decision

under

appeal

such

as

medical

reports

that

you

may

regard

as

confidential

You

can

choose

to

reply

in

writing

a

written

submission

explaining

why

you

disagree

with

the

facts

they

used

you

must

do

this

within

one

month

of

receiving

the

copy

The

tribunal

will

look

at

your

case

and

ask

for

more

information

if

they

need

it

You

can

also

send

any

other

evidence

to

support

your

case

to

the

tribunal

The

tribunal

will

tell

you

if

there

’ll

be

a

hearing

about

your

case

There

are

different

tribunals

in

Scotland

and

tribunals

in

Northern

Ireland

The

tribunal

hearing

There

are

different

tribunals

in

Scotland

and

tribunals

in

Northern

Ireland

Hearings

are

usually

held

in

major

cities

across

England

and

Wales

You

’ll

be

told

where

you

have

to

go

The

tribunal

will

give

you

at

least

days

notice

of

the

date

of

any

hearing

You

should

be

given

a

hearing

within

months

of

the

tribunal

receiving

a

response

from

Veterans

UK

You

must

tell

the

tribunal

if

you

can

not

make

it

to

the

hearing

they

might

arrange

another

date

if

you

have

a

good

reason

The

tribunal

might

hold

the

hearing

without

you

if

do

not

attend

Prepare

for

the

hearing

You

can

go

to

the

hearing

on

your

own

or

ask

someone

to

help

represent

you

You

can

also

call

a

witness

to

support

your

case

Organisations

that

can

help

represent

you

include

Royal

British

Legion

Royal

Air

Forces

Association

Combat

Stress

Blesma

The

Limbless

Veterans

National

Gulf

Veterans

and

Families

Association

UK

Armed

Forces

Charities

Take

your

appeal

papers

and

the

documents

you

’re

using

as

evidence

to

the

hearing

You

should

give

copies

of

any

evidence

to

the

tribunal

and

Veterans

UK

before

the

tribunal

hearing

Tribunal

panel

The

tribunal

is

made

up

of

a

judge

a

medical

member

a

service

member

What

happens

at

the

hearing

The

judge

tribunal

members

Veterans

UK

and

your

representative

if

you

have

one

will

ask

you

questions

about

your

case

The

tribunal

will

then

question

any

witnesses

you

’ve

brought

to

the

hearing

You

’ll

usually

get

a

decision

from

the

tribunal

on

the

day

of

the

hearing

Expenses

You

might

be

able

to

claim

expenses

or

compensation

for

travel

only

in

the

UK

living

expenses

for

the

time

you

’re

away

from

home

loss

of

earnings

More

information

You

can

find

out

more

about

expenses

or

contact

the

tribunal

for

more

information

If

you

lose

your

appeal

You

can

ask

the

tribunal

for

permission

to

appeal

to

the

Upper

Tribunal

Administrative

Appeals

Chamber

if

you

lose

your

appeal

You

must

ask

for

permission

to

appeal

within

weeks

of

getting

the

decision

The

Upper

Tribunal

will

look

at

the

case

to

see

if

the

original

decision

was

correct

Reasons

for

appealing

You

can

only

appeal

if

you

think

the

decision

was

wrong

for

a

legal

reason

including

if

the

tribunal

did

not

follow

the

right

procedures

for

example

it

did

not

tell

you

in

time

about

the

hearing

give

proper

reasons

for

its

decision

or

back

up

the

decision

with

facts

apply

the

law

properly

Before

appealing

ask

the

original

tribunal

for

the

written

statement

of

reasons

for

its

decision

Contact

the

Upper

Tribunal

Legislation

The

tribunal

will

make

decisions

based

on

the

Pensions

Appeal

Tribunals

Act

The

Naval

Military

and

Air

Forces

Etc

Disablement

and

Death

Service

Pensions

Order

the

Armed

Forces

and

Reserve

Forces

Compensation

Scheme

Order

The

tribunal

must

follow

the

rules

and

process

set

out

in

the

the

Tribunal

Procedure

First

tier

Tribunal

War

Pensions

and

Armed

Forces

Compensation

Chamber

Rules

the

Tribunals

Courts

and

Enforcement

Act


Overview

Dismissal

is

when

your

employer

ends

your

employment

they

do

not

always

have

to

give

you

notice

If

you

’re

dismissed

your

employer

must

show

they

’ve

a

valid

reason

that

they

can

justify

acted

reasonably

in

the

circumstances

They

must

also

be

consistent

for

example

not

dismiss

you

for

doing

something

that

they

let

other

employees

do

have

investigated

the

situation

fully

before

dismissing

you

for

example

if

a

complaint

was

made

about

you

If

you

’re

a

part

time

or

fixed

term

worker

you

can

not

be

treated

less

favourably

than

a

full

time

or

permanent

employee

If

you

’ve

lost

your

job

because

of

coronavirus

your

employer

might

be

able

to

re

employ

you

and

pay

your

wages

Notice

period

You

must

be

given

at

least

the

notice

stated

in

your

contract

or

the

statutory

minimum

notice

period

whichever

is

longer

There

are

some

situations

where

you

can

be

dismissed

immediately

for

example

for

violence

Getting

your

dismissal

in

writing

You

have

the

right

to

ask

for

a

written

statement

from

your

employer

giving

the

reasons

why

you

’ve

been

dismissed

if

you

’re

an

employee

and

have

completed

years

service

year

if

you

started

before

April

Your

employer

must

supply

the

statement

within

days

of

you

asking

for

it

Your

employer

must

give

you

a

written

statement

if

you

’re

dismissed

while

you

are

on

Statutory

Maternity

Leave

You

get

this

even

if

you

’ve

not

asked

for

one

regardless

of

how

long

you

’ve

worked

for

your

employer

Speak

to

your

employer

or

check

your

employment

status

if

you

’re

unsure

of

your

employment

status

Reasons

you

can

be

dismissed

There

are

some

situations

when

your

employer

can

dismiss

you

fairly

Not

being

able

to

do

your

job

properly

You

may

not

be

able

to

do

your

job

properly

if

for

example

you

have

not

been

able

to

keep

up

with

important

changes

to

your

job

for

example

a

new

computer

system

can

not

get

along

with

your

colleagues

Before

taking

any

action

your

employer

should

follow

disciplinary

procedures

for

example

warn

you

that

your

work

is

not

satisfactory

give

you

a

chance

to

improve

for

example

by

training

you

Illness

You

can

be

dismissed

if

you

have

a

persistent

or

long

term

illness

that

makes

it

impossible

for

you

to

do

your

job

Before

taking

any

action

your

employer

should

look

for

ways

to

support

you

for

example

considering

whether

the

job

itself

is

making

you

sick

and

needs

changing

give

you

reasonable

time

to

recover

from

your

illness

If

you

have

a

disability

which

may

include

long

term

illness

your

employer

has

a

legal

duty

to

support

disability

in

the

workplace

Dismissal

because

of

a

disability

may

be

unlawful

discrimination

Redundancy

Redundancy

is

a

form

of

dismissal

and

is

fair

in

most

cases

If

the

reason

you

are

selected

for

redundancy

is

unfair

then

you

will

have

been

unfairly

dismissed

Summary

dismissal

You

can

be

dismissed

for

gross

misconduct

without

your

employer

going

through

the

normal

disciplinary

procedures

This

can

happen

if

for

example

you

’re

violent

towards

a

colleague

customer

or

property

Your

employer

should

always

investigate

the

circumstances

before

making

a

dismissal

even

in

possible

gross

misconduct

cases

A

statutory

restriction

You

can

be

dismissed

if

continuing

to

employ

you

would

break

the

law

for

example

if

you

’re

a

driver

in

a

lorry

firm

and

you

lose

your

driving

licence

It

’s

impossible

to

carry

on

employing

you

If

it

’s

impossible

to

carry

on

employing

you

it

’s

likely

to

be

fair

For

example

if

a

factory

burns

down

and

it

’s

no

longer

possible

to

employ

anyone

A

substantial

reason

You

may

be

dismissed

fairly

if

for

example

you

unreasonably

refuse

to

accept

a

company

reorganisation

that

changes

your

employment

terms

you

’re

sent

to

prison

Unfair

and

constructive

dismissal

In

certain

situations

you

may

be

able

to

take

legal

action

if

you

’re

dismissed

Unfair

dismissal

Your

dismissal

could

be

unfair

if

your

employer

does

not

have

a

good

reason

for

dismissing

you

follow

the

company

’s

formal

disciplinary

or

dismissal

process

or

the

statutory

minimum

dismissal

procedure

in

Northern

Ireland

Situations

when

your

dismissal

is

likely

to

be

unfair

include

if

you

asked

for

flexible

working

refused

to

give

up

your

working

time

rights

for

example

to

take

rest

breaks

resigned

and

gave

the

correct

notice

period

joined

a

trade

union

took

part

in

legal

industrial

action

that

lasted

weeks

or

less

needed

time

off

for

jury

service

applied

for

maternity

paternity

and

adoption

leave

were

on

any

maternity

paternity

and

adoption

leave

you

’re

entitled

to

tried

to

enforce

your

right

to

receive

Working

Tax

Credits

exposed

wrongdoing

in

the

workplace

whistleblowing

were

forced

to

retire

known

as

compulsory

retirement

Compulsory

retirement

is

not

allowed

unless

your

employer

can

objectively

justify

it

but

you

can

challenge

it

at

an

employment

tribunal

Constructive

dismissal

Constructive

dismissal

is

when

you

’re

forced

to

leave

your

job

against

your

will

because

of

your

employer

’s

conduct

The

reasons

you

leave

your

job

must

be

serious

for

example

they

do

not

pay

you

or

suddenly

demote

you

for

no

reason

force

you

to

accept

unreasonable

changes

to

how

you

work

for

example

tell

you

to

work

night

shifts

when

your

contract

is

only

for

day

work

let

other

employees

harass

or

bully

you

Your

employer

’s

breach

of

contract

may

be

one

serious

incident

or

a

series

of

incidents

that

are

serious

when

taken

together

You

should

try

and

sort

any

issues

out

by

speaking

to

your

employer

to

solve

the

dispute

If

you

do

have

a

case

for

constructive

dismissal

you

should

leave

your

job

immediately

your

employer

may

argue

that

by

staying

you

accepted

the

conduct

or

treatment

What

to

do

if

you

're

dismissed

If

you

’re

threatened

with

dismissal

or

are

dismissed

you

can

get

help

from

a

third

party

to

solve

the

issue

by

mediation

conciliation

and

arbitration

You

can

also

speak

to

your

union

representative

if

you

’re

a

member

of

a

trade

union

Employment

tribunals

If

you

’ve

been

unable

to

solve

a

problem

between

you

and

your

employer

you

can

normally

go

to

an

employment

tribunal

In

Northern

Ireland

you

can

go

to

an

industrial

tribunal

Qualifying

period

to

claim

unfair

dismissal

You

must

have

worked

for

your

employer

for

a

minimum

period

before

you

qualify

for

the

right

to

claim

unfair

dismissal

at

a

tribunal

If

you

’re

classed

as

an

employee

and

started

your

job

on

or

after

April

the

qualifying

period

is

normally

years

before

April

the

qualifying

period

is

normally

year

In

Northern

Ireland

the

qualifying

period

is

still

normally

year

There

is

no

qualifying

period

if

you

’ve

been

dismissed

from

June

because

of

your

political

opinions

or

affiliation

You

’ll

automatically

have

the

right

to

go

to

an

employment

tribunal

In

unfair

dismissal

claims

you

must

make

the

claim

to

a

tribunal

within

months

of

being

dismissed


Overview

Redundancy

is

a

form

of

dismissal

from

your

job

It

happens

when

employers

need

to

reduce

their

workforce

If

you

’re

being

made

redundant

you

might

be

eligible

for

certain

things

including

redundancy

pay

a

notice

period

a

consultation

with

your

employer

the

option

to

move

into

a

different

job

time

off

to

find

a

new

job

You

also

have

specific

rights

if

your

employer

is

insolvent

If

you

’ve

been

made

redundant

because

of

coronavirus

your

employer

might

be

able

to

re

employ

you

and

pay

of

your

wages

You

must

be

selected

for

redundancy

in

a

fair

way

for

example

because

of

your

level

of

experience

or

capability

to

do

the

job

You

can

not

be

selected

because

of

age

gender

or

if

you

’re

disabled

or

pregnant

If

you

are

this

could

be

classed

as

an

unfair

dismissal

Get

advice

You

can

get

advice

on

redundancy

from

Acas

Advisory

Conciliation

and

Arbitration

Service

or

Citizens

Advice

Being

selected

for

redundancy

Your

employer

should

use

a

fair

and

objective

way

of

selecting

you

for

redundancy

Commonly

used

methods

are

last

in

first

out

employees

with

the

shortest

length

of

service

are

selected

first

asking

for

volunteers

self

selection

disciplinary

records

staff

appraisal

markings

skills

qualifications

and

experience

Your

employer

can

make

you

redundant

without

having

to

follow

a

selection

process

if

your

job

no

longer

exists

for

example

if

your

employer

is

closing

down

a

whole

operation

in

a

company

and

making

all

the

employees

working

in

it

redundant

you

’re

the

only

employee

in

your

part

of

the

organisation

Your

employer

may

offer

you

a

different

role

if

one

is

available

If

your

employer

uses

last

in

first

out

make

sure

it

’s

not

discrimination

for

example

if

it

means

only

young

people

are

made

redundant

Reapplying

for

your

own

job

You

might

be

asked

to

reapply

for

your

own

job

which

could

help

your

employer

decide

who

to

select

If

you

do

not

apply

or

you

’re

unsuccessful

in

your

application

you

’ll

still

have

a

job

until

your

employer

makes

you

redundant

Unfair

selection

You

can

not

be

selected

for

the

following

reasons

your

redundancy

would

be

classed

as

an

unfair

dismissal

sex

gender

reassignment

marital

status

sexual

orientation

race

disability

religion

or

belief

age

your

membership

or

non

membership

of

a

trade

union

health

and

safety

activities

working

pattern

for

example

part

time

or

fixed

term

employees

maternity

leave

birth

or

pregnancy

paternity

leave

parental

or

dependants

leave

you

’re

exercising

your

statutory

rights

whistleblowing

for

example

making

disclosures

about

your

employer

’s

wrongdoing

taking

part

in

lawful

industrial

action

lasting

weeks

or

less

taking

action

on

health

and

safety

grounds

doing

jury

service

you

’re

the

trustee

of

a

company

pension

scheme

Appealing

the

decision

You

can

appeal

if

you

feel

that

you

’ve

been

unfairly

selected

Write

to

your

employer

explaining

the

reasons

You

may

be

able

to

make

a

claim

to

an

employment

tribunal

for

unfair

dismissal

Voluntary

redundancy

It

’s

up

to

your

employer

whether

they

actually

select

you

if

you

volunteer

for

redundancy

Your

employer

can

not

just

offer

voluntary

redundancy

to

age

groups

eligible

for

an

early

retirement

package

this

could

be

unlawful

age

discrimination

However

an

early

retirement

package

for

certain

age

groups

could

be

one

element

of

a

voluntary

redundancy

offer

open

to

all

employees

Apprentices

Talk

to

your

manager

and

training

provider

if

you

’re

an

apprentice

and

you

’re

worried

about

being

made

redundant

Your

training

provider

or

the

National

Apprenticeship

Service

might

be

able

to

help

you

find

another

employer

to

help

you

complete

your

apprenticeship

Apprenticeships

are

different

in

Scotland

Wales

and

Northern

Ireland

Redundancy

pay

You

’ll

normally

be

entitled

to

statutory

redundancy

pay

if

you

’re

an

employee

and

you

’ve

been

working

for

your

current

employer

for

years

or

more

You

’ll

get

half

a

week

’s

pay

for

each

full

year

you

were

under

one

week

’s

pay

for

each

full

year

you

were

or

older

but

under

one

and

half

week

’s

pay

for

each

full

year

you

were

or

older

Length

of

service

is

capped

at

years

Your

weekly

pay

is

the

average

you

earned

per

week

over

the

weeks

before

the

day

you

got

your

redundancy

notice

If

you

were

paid

less

than

usual

because

you

were

on

furlough

because

of

coronavirus

your

redundancy

pay

is

based

on

what

you

would

have

earned

normally

If

you

were

made

redundant

on

or

after

April

your

weekly

pay

is

capped

at

and

the

maximum

statutory

redundancy

pay

you

can

get

is

If

you

were

made

redundant

before

April

these

amounts

will

be

lower

Calculate

your

redundancy

pay

Redundancy

pay

including

any

severance

pay

under

is

not

taxable

Your

employer

will

deduct

tax

and

National

Insurance

contributions

from

any

wages

or

holiday

pay

they

owe

you

Exceptions

You

’re

not

entitled

to

statutory

redundancy

pay

if

your

employer

offers

to

keep

you

on

your

employer

offers

you

suitable

alternative

work

which

you

refuse

without

good

reason

Being

dismissed

for

misconduct

does

not

count

as

redundancy

so

you

would

not

get

redundancy

pay

if

this

happened

You

’re

not

entitled

to

statutory

redundancy

pay

if

you

fall

into

one

or

more

of

the

following

categories

former

registered

dock

workers

covered

by

other

arrangements

and

share

fishermen

crown

servants

members

of

the

armed

forces

or

police

services

apprentices

who

are

not

employees

at

the

end

of

their

training

a

domestic

servant

who

is

a

member

of

the

employer

’s

immediate

family

Short

term

and

temporary

lay

offs

You

can

claim

statutory

redundancy

pay

if

you

’re

eligible

and

you

’ve

been

temporarily

laid

off

without

pay

or

less

than

half

a

week

’s

pay

for

either

more

than

weeks

in

a

row

more

than

non

consecutive

weeks

in

a

week

period

Write

to

your

employer

telling

them

you

intend

to

claim

statutory

redundancy

pay

This

must

be

done

within

weeks

of

your

last

non

working

day

in

the

or

week

period

If

your

employer

does

not

reject

your

claim

within

days

of

receiving

it

write

to

your

employer

again

giving

them

your

notice

Your

claim

could

be

rejected

if

your

normal

work

is

likely

to

start

within

weeks

and

continue

for

at

least

weeks

Notice

periods

You

must

be

given

a

notice

period

before

your

employment

ends

The

statutory

redundancy

notice

periods

are

at

least

one

week

’s

notice

if

employed

between

one

month

and

years

one

week

’s

notice

for

each

year

if

employed

between

and

years

weeks

notice

if

employed

for

years

or

more

Check

your

contract

Your

employer

may

give

you

more

than

the

statutory

minimum

but

they

can

not

give

you

less

Notice

pay

As

well

as

statutory

redundancy

pay

your

employer

should

either

pay

you

through

your

notice

period

pay

you

in

lieu

of

notice

depending

on

your

circumstances

Your

notice

pay

is

based

on

the

average

you

earned

per

week

over

the

weeks

before

your

notice

period

starts

If

you

were

paid

less

than

usual

because

you

were

on

furlough

because

of

coronavirus

your

notice

pay

is

based

on

what

you

would

have

earned

normally

Payment

in

lieu

of

notice

Your

employment

can

be

ended

without

notice

if

payment

in

lieu

of

notice

is

included

in

your

contract

Your

employer

will

pay

you

instead

of

giving

you

a

notice

period

You

get

all

of

the

basic

pay

you

would

’ve

received

during

the

notice

period

You

may

get

extras

such

as

pension

contributions

or

private

health

care

insurance

if

they

’re

in

your

contract

Your

employer

may

still

offer

you

payment

in

lieu

of

notice

even

if

your

contract

does

not

mention

it

If

you

accept

you

should

receive

full

pay

and

any

extras

that

are

in

your

contract

Consultation

You

’re

entitled

to

a

consultation

with

your

employer

if

you

’re

being

made

redundant

This

involves

speaking

to

them

about

why

you

’re

being

made

redundant

any

alternatives

to

redundancy

If

your

employer

is

making

up

to

redundancies

there

are

no

rules

about

how

they

should

carry

out

the

consultation

If

they

’re

making

or

more

redundancies

at

the

same

time

the

collective

redundancy

rules

apply

You

can

make

a

claim

to

an

employment

tribunal

if

your

employer

does

not

consult

properly

for

example

if

they

start

late

or

do

not

consult

at

all

Collective

redundancy

rules

If

your

employer

is

making

or

more

employees

redundant

at

the

same

time

the

consultation

should

take

place

between

your

employer

and

a

representative

rep

This

will

either

be

a

trade

union

rep

if

you

’re

represented

by

a

trade

union

an

elected

employee

rep

if

you

’re

not

represented

by

a

trade

union

or

if

your

employer

does

not

recognise

your

trade

union

Collective

consultations

must

cover

ways

to

avoid

redundancies

the

reasons

for

redundancies

how

to

keep

the

number

of

dismissals

to

a

minimum

how

to

limit

the

effects

for

employees

involved

for

example

by

offering

retraining

Your

employer

must

also

meet

certain

legal

requirements

for

collective

consultations

Length

of

consultation

There

’s

no

time

limit

for

how

long

the

period

of

consultation

should

be

but

the

minimum

is

to

redundancies

the

consultation

must

start

at

least

days

before

any

dismissals

take

effect

or

more

redundancies

the

consultation

must

start

at

least

days

before

any

dismissals

take

effect

Electing

employee

reps

If

you

’re

an

employee

affected

by

the

proposed

redundancies

you

can

stand

for

election

as

an

employee

rep

vote

for

other

reps

Fixed

term

contract

employees

Your

employer

does

not

need

to

include

you

in

collective

consultation

if

you

’re

employed

under

a

fixed

term

contract

except

if

they

’re

ending

your

contract

early

because

of

redundancy

Suitable

alternative

employment

Your

employer

might

offer

you

suitable

alternative

employment

within

your

organisation

or

an

associated

company

Whether

a

job

is

suitable

depends

on

how

similar

the

work

is

to

your

current

job

the

terms

of

the

job

being

offered

your

skills

abilities

and

circumstances

in

relation

to

the

job

the

pay

including

benefits

status

hours

and

location

Your

redundancy

could

be

an

unfair

dismissal

if

your

employer

has

suitable

alternative

employment

and

they

do

not

offer

it

to

you

Refusing

an

offer

You

may

lose

your

right

to

statutory

redundancy

pay

if

you

unreasonably

turn

down

suitable

alternative

employment

You

can

make

a

claim

to

an

employment

tribunal

if

you

think

the

job

you

’ve

been

offered

is

not

suitable

Trial

periods

You

have

the

right

to

a

week

trial

period

for

any

alternative

employment

you

’re

offered

The

week

period

could

be

extended

if

you

need

training

Any

extension

must

be

agreed

in

writing

before

the

trial

period

starts

Tell

your

employer

during

the

trial

period

if

you

decide

the

new

job

is

not

suitable

This

will

not

affect

your

employment

rights

including

your

right

to

statutory

redundancy

pay

You

’ll

lose

your

right

to

claim

statutory

redundancy

pay

if

you

do

not

give

notice

within

the

week

trial

period

Time

off

for

job

hunting

If

you

’ve

been

continuously

employed

for

years

by

the

date

your

notice

period

ends

you

’re

allowed

a

reasonable

amount

of

time

off

to

look

for

another

job

arrange

training

to

help

you

find

another

job

How

long

you

can

take

will

depend

on

your

circumstances

No

matter

how

much

time

you

take

off

to

look

for

another

job

the

most

your

employer

has

to

pay

you

is

of

one

week

’s

pay

Get

help

finding

a

new

job

You

can

get

help

from

the

Jobcentre

Plus

Rapid

Response

Service

to

write

CVs

and

find

jobs

find

information

on

benefits

find

the

right

training

and

learn

new

skills

organise

work

trials

if

you

’re

eligible

get

any

extra

help

at

work

if

you

’re

disabled

for

example

Access

to

Work

You

may

also

be

able

to

get

help

with

costs

such

as

travel

to

work

expenses

childcare

tools

or

equipment

vocational

training

you

must

be

in

your

notice

period

to

be

considered

There

’s

a

different

service

if

you

’re

in

Scotland

or

Wales

Get

in

touch

You

can

contact

the

Rapid

Response

Service

if

you

suspect

you

’re

going

to

be

made

redundant

during

your

notice

period

up

to

weeks

after

you

’ve

been

made

redundant

Further

information

and

support

You

can

read

more

about

finding

a

job

how

your

pension

might

be

affected

and

what

benefits

you

could

get


How

it

works

You

do

not

get

your

State

Pension

automatically

you

have

to

claim

it

You

should

get

a

letter

no

later

than

months

before

you

reach

State

Pension

age

telling

you

what

to

do

You

can

either

claim

your

State

Pension

or

delay

defer

claiming

it

If

you

want

to

defer

you

do

not

have

to

do

anything

Your

pension

will

automatically

be

deferred

until

you

claim

it

Deferring

your

State

Pension

could

increase

the

payments

you

get

when

you

decide

to

claim

it

Any

extra

payments

you

get

from

deferring

could

be

taxed

This

guide

is

also

available

in

Welsh

Cymraeg

If

you

’re

on

benefits

You

can

not

get

extra

State

Pension

if

you

get

certain

benefits

Deferring

can

also

affect

how

much

you

can

get

in

benefits

You

must

tell

the

Pension

Service

if

you

’re

on

benefits

and

you

want

to

defer

What

you

'll

get

The

amount

of

extra

State

Pension

you

could

get

depends

on

when

you

reach

State

Pension

age

If

you

reach

State

Pension

age

on

or

after

April

Your

State

Pension

will

increase

every

week

you

defer

as

long

as

you

defer

for

at

least

weeks

Your

State

Pension

increases

by

the

equivalent

of

for

every

weeks

you

defer

This

works

out

as

just

under

for

every

weeks

The

extra

amount

is

paid

with

your

regular

State

Pension

payment

This

example

assumes

there

is

no

annual

increase

in

the

State

Pension

If

there

is

an

annual

increase

the

amount

you

could

get

could

be

larger

If

you

reached

State

Pension

age

before

April

You

can

usually

take

your

extra

State

Pension

as

either

higher

weekly

payments

a

one

off

lump

sum

When

you

claim

your

deferred

State

Pension

you

’ll

get

a

letter

asking

how

you

want

to

take

your

extra

pension

You

’ll

have

months

from

receiving

that

letter

to

decide

Higher

weekly

payments

Your

State

Pension

will

increase

every

week

you

defer

as

long

as

you

defer

for

at

least

weeks

Your

State

Pension

increases

by

the

equivalent

of

for

every

weeks

you

defer

This

works

out

as

for

every

weeks

The

extra

amount

is

paid

with

your

regular

State

Pension

payment

This

example

assumes

there

is

no

annual

increase

in

the

State

Pension

If

there

is

an

annual

increase

the

amount

you

could

get

could

be

larger

Lump

sum

payment

You

can

get

a

one

off

lump

sum

payment

if

you

defer

claiming

your

State

Pension

for

at

least

months

in

a

row

This

will

include

interest

of

above

the

Bank

of

England

base

rate

You

’ll

be

taxed

at

your

current

rate

on

your

lump

sum

payment

For

example

if

you

’re

a

basic

rate

taxpayer

your

lump

sum

will

be

taxed

at

If

you

’re

in

prison

You

will

not

build

up

extra

State

Pension

until

you

leave

prison

Annual

increases

After

you

claim

your

State

Pension

the

extra

amount

you

get

because

you

deferred

will

usually

increase

each

year

based

on

the

Consumer

Price

Index

It

will

not

increase

for

some

people

who

live

abroad

Get

help

Contact

the

State

Pension

claim

line

if

you

need

help

If

you

get

benefits

or

tax

credits

You

can

not

build

up

extra

State

Pension

during

any

period

you

get

Income

Support

Pension

Credit

Employment

and

Support

Allowance

income

related

Jobseeker

’s

Allowance

income

based

Universal

Credit

Carer

’s

Allowance

Incapacity

Benefit

Severe

Disablement

Allowance

Widow

’s

Pension

Widowed

Parent

’s

Allowance

Unemployability

Supplement

You

can

not

build

up

extra

State

Pension

during

any

period

your

partner

gets

Income

Support

Pension

Credit

Universal

Credit

Employment

and

Support

Allowance

income

related

Jobseeker

’s

Allowance

income

related

Higher

weekly

payments

Taking

your

extra

State

Pension

as

higher

weekly

payments

could

reduce

the

amount

you

get

from

Income

Support

Pension

Credit

Universal

Credit

Employment

and

Support

Allowance

income

related

Jobseeker

’s

Allowance

income

related

Housing

Benefit

Council

Tax

Reduction

tax

credits

If

you

reached

State

Pension

age

before

April

Your

tax

credits

or

Universal

Credit

payments

may

be

reduced

if

you

choose

to

take

your

extra

State

Pension

as

a

lump

sum

Winter

Fuel

Payment

You

need

to

claim

Winter

Fuel

Payment

if

you

’ve

deferred

your

State

Pension

You

only

need

to

do

this

once

Get

help

Contact

Jobcentre

Plus

if

you

need

help

to

understand

how

your

benefits

could

be

affected

If

you

move

abroad

If

you

move

to

any

of

the

countries

in

this

list

the

rules

for

deferring

are

the

same

as

in

the

UK

European

Economic

Area

EEA

countries

Switzerland

a

country

that

the

UK

has

a

social

security

agreement

with

except

Canada

or

New

Zealand

If

you

move

to

a

country

that

is

not

in

the

list

the

extra

payment

you

get

will

stay

the

same

It

will

not

go

up

or

down

over

time

If

you

reach

State

Pension

age

on

or

after

April

If

you

move

to

a

country

that

is

not

in

the

list

your

extra

payment

will

be

based

on

the

State

Pension

you

’re

owed

at

whichever

is

later

of

the

date

you

reach

State

Pension

age

the

date

you

move

abroad

Contact

the

International

Pension

Centre

if

you

need

help

working

out

what

you

could

get

Claim

a

deferred

State

Pension

If

you

have

deferred

your

State

Pension

for

a

year

or

less

you

can

apply

online

You

can

also

print

off

and

post

the

State

Pension

claim

form

to

the

Pension

Service

apply

by

phone

call

the

Pension

Service

to

get

a

State

Pension

claim

form

posted

to

you

Send

your

completed

form

to

There

’s

a

different

way

to

claim

your

pension

from

abroad

including

the

Channel

Islands

If

you

have

deferred

for

more

than

a

year

you

need

to

call

the

Pension

Service

to

claim

The

process

is

different

if

you

live

in

Northern

Ireland

Inheriting

a

deferred

State

Pension

You

can

usually

inherit

your

partner

’s

extra

State

Pension

if

all

of

the

following

apply

your

partner

reached

State

Pension

age

before

April

you

were

married

to

or

in

a

civil

partnership

with

your

partner

when

they

died

your

partner

had

deferred

their

State

Pension

or

was

claiming

their

deferred

State

Pension

when

they

died

you

did

not

remarry

or

form

a

new

civil

partnership

before

you

reached

State

Pension

age

If

your

partner

died

before

April

one

of

the

following

must

also

apply

you

were

over

State

Pension

age

when

your

partner

died

you

were

under

State

Pension

age

when

your

partner

died

you

’re

a

woman

and

your

deceased

partner

was

your

husband

You

can

only

receive

any

extra

State

Pension

you

’ve

inherited

once

you

’ve

reached

State

Pension

age

If

your

partner

died

before

claiming

their

State

Pension

How

you

inherit

your

partner

’s

extra

State

Pension

depends

on

how

long

they

deferred

their

pension

for

A

year

or

more

If

your

partner

deferred

their

State

Pension

by

a

year

or

more

you

can

usually

choose

to

inherit

it

as

a

lump

sum

or

as

weekly

payments

You

’ll

get

a

letter

with

the

options

you

can

choose

from

Between

weeks

and

a

year

If

your

partner

deferred

their

State

Pension

by

between

weeks

and

a

year

you

’ll

inherit

it

as

weekly

payments

You

’ll

get

these

payments

with

your

own

State

Pension

Less

than

weeks

If

your

partner

deferred

their

State

Pension

by

less

than

weeks

their

State

Pension

payments

for

those

weeks

will

become

part

their

estate

their

total

property

money

and

possessions

If

your

partner

was

getting

their

extra

State

Pension

before

they

died

You

’ll

inherit

your

partner

’s

extra

State

Pension

as

extra

weekly

payments

You

’ll

get

these

payments

with

your

own

State

Pension


Overview

A

pension

is

a

way

to

save

money

for

later

in

your

life

You

may

be

able

to

get

a

pension

from

the

government

State

Pension

money

from

pension

schemes

you

or

your

employer

pay

into

You

might

need

more

money

than

just

the

State

Pension

when

you

retire

Find

out

how

much

State

Pension

you

could

get

your

forecast

and

when

you

can

get

it

Use

the

Money

Advice

Service

’s

pension

calculator

to

get

an

estimate

of

your

income

when

you

retire

and

the

ways

you

can

increase

it

Your

pension

options

You

can

pay

into

as

many

pension

schemes

as

you

want

It

depends

on

how

much

money

you

can

set

aside

You

usually

get

tax

relief

up

to

certain

limits

on

money

you

pay

into

a

pension

scheme

Private

pension

schemes

What

it

is

Workplace

pensions

Arranged

by

your

employer

Usually

both

you

and

your

employer

pay

into

it

What

you

get

depends

on

the

type

of

scheme

your

employer

offers

Personal

and

stakeholder

pensions

A

private

pension

that

you

pay

into

Employers

can

also

pay

into

them

as

a

workplace

pension

scheme

What

you

get

depends

on

how

much

is

paid

in

and

how

well

the

investment

does

State

Pension

from

the

government

If

you

reached

State

Pension

age

before

April

What

it

is

Basic

State

Pension

The

basic

State

Pension

is

a

regular

payment

you

can

get

from

the

government

when

you

reach

State

Pension

age

The

amount

you

get

depends

on

your

National

Insurance

contributions

and

credits

The

maximum

you

get

is

per

week

Additional

State

Pension

An

extra

amount

on

top

of

your

State

Pension

Not

a

fixed

amount

How

much

you

get

depends

on

your

earnings

and

whether

you

claim

certain

benefits

Pension

Credit

For

people

on

a

low

income

Tops

up

your

weekly

income

to

single

people

or

couples

You

may

get

more

if

you

’re

a

carer

are

severely

disabled

have

responsibility

for

a

child

or

have

certain

housing

costs

If

you

reach

State

Pension

age

on

or

after

April

What

it

is

New

State

Pension

The

new

State

Pension

is

a

regular

payment

you

can

get

from

the

government

if

you

reach

State

Pension

age

on

or

after

April

The

amount

you

get

depends

on

your

National

Insurance

contributions

and

credits

The

full

new

State

Pension

is

per

week

Protected

payment

Any

amount

over

the

full

new

State

Pension

that

you

get

from

your

National

Insurance

contributions

or

credits

from

before

April

is

protected

It

will

be

paid

on

top

of

the

full

new

State

Pension

Pension

Credit

For

people

on

a

low

income

Tops

up

your

weekly

income

to

single

people

or

couples

You

may

get

more

if

you

’re

a

carer

are

severely

disabled

have

responsibility

for

a

child

or

have

certain

housing

costs

Private

pension

schemes

Workplace

pensions

and

personal

or

stakeholder

pensions

are

a

way

of

making

sure

you

have

money

on

top

of

your

State

Pension

For

most

workplace

and

personal

pensions

how

much

you

get

depends

on

the

amount

you

’ve

paid

in

how

well

the

pension

fund

’s

investments

have

done

your

age

and

sometimes

your

health

when

you

start

taking

your

pension

pot

Workplace

pensions

Your

employer

must

automatically

enrol

you

in

a

workplace

pension

scheme

if

you

’re

over

and

under

State

Pension

age

and

earn

more

than

a

year

If

you

have

a

workplace

pension

your

employer

can

make

contributions

on

top

of

what

you

pay

You

may

also

be

able

to

make

extra

payments

to

boost

your

pension

pot

Workplace

pensions

are

protected

against

risks

Personal

and

stakeholder

pensions

You

may

want

a

personal

or

stakeholder

pension

to

save

extra

money

for

later

in

life

to

top

up

your

workplace

pension

if

you

’re

self

employed

and

do

not

have

a

workplace

pension

if

you

’re

not

working

but

can

afford

to

pay

into

a

pension

scheme

Some

employers

offer

stakeholder

or

private

pensions

as

workplace

pensions

Stakeholder

pensions

must

meet

standards

set

by

the

government

Find

a

lost

pension

The

Pension

Tracing

Service

might

be

able

to

trace

lost

pensions

that

you

’ve

paid

into

Nominate

someone

to

get

your

pension

when

you

die

Ask

your

pension

provider

if

you

can

nominate

someone

to

get

money

from

your

pension

pot

after

you

die

Check

your

scheme

’s

rules

about

who

you

can

nominate

some

payments

can

only

go

to

a

dependant

for

example

your

husband

wife

civil

partner

or

child

under

what

the

person

can

get

for

example

regular

payments

or

lump

sums

whether

anything

can

change

what

the

person

gets

for

example

when

and

how

you

start

taking

your

pension

pot

or

the

age

you

die

Sometimes

the

pension

provider

can

pay

the

money

to

someone

else

for

example

if

the

person

you

nominated

can

not

be

found

or

has

died

The

person

you

nominate

may

have

to

pay

tax

if

they

get

money

from

your

pension

pot

after

you

die

Pensions

from

the

government

The

pension

you

get

from

the

government

State

Pension

is

based

on

your

National

Insurance

record

when

you

reach

State

Pension

age

You

reached

State

Pension

age

before

April

You

need

years

worth

of

National

Insurance

contributions

to

get

the

full

basic

State

Pension

You

may

also

qualify

for

some

Additional

State

Pension

You

reach

State

Pension

age

on

or

after

April

The

amount

of

new

State

Pension

you

’ll

get

depends

on

your

National

Insurance

record

National

Insurance

contributions

or

credits

made

before

and

after

April

can

count

towards

your

new

State

Pension

You

’ll

usually

need

at

least

qualifying

years

of

National

Insurance

contributions

or

credits

to

qualify

for

any

State

Pension

Find

out

how

much

State

Pension

you

could

get

and

when

you

can

get

it

You

can

also

find

out

how

you

might

be

able

to

increase

the

amount

you

get

Getting

more

State

Pension

Deferring

your

pension

When

you

reach

State

Pension

age

you

have

the

option

to

defer

your

State

Pension

delay

payments

By

doing

this

you

’ll

get

more

money

for

every

year

you

defer

Pension

Credit

Pension

Credit

is

for

older

people

on

a

low

income

to

make

sure

they

get

a

minimum

weekly

amount

You

’ll

have

to

apply

and

all

your

sources

of

income

for

example

savings

will

be

checked

to

make

sure

you

qualify

Getting

Pension

Credit

may

mean

you

’re

eligible

for

other

benefits

too

You

’re

over

People

over

with

little

or

no

State

Pension

can

apply

for

a

payment

of

per

week

from

the

government

through

the

over

Pension

You

can

not

get

the

over

pension

if

you

reach

State

Pension

age

on

or

after

April

Working

past

State

Pension

age

You

might

decide

that

you

do

not

want

to

stop

working

when

you

reach

State

Pension

age

If

you

do

you

’ll

no

longer

have

to

pay

National

Insurance

The

law

protects

you

against

discrimination

if

you

’re

over

State

Pension

age

and

want

to

stay

in

your

job

or

get

a

new

one

Staying

in

your

job

There

is

no

official

retirement

age

and

you

usually

have

the

right

to

work

as

long

as

you

want

to

There

are

some

circumstances

when

employers

may

have

the

right

to

set

a

compulsory

retirement

age

that

they

choose

Your

employer

can

not

make

you

redundant

because

of

your

age

Getting

a

new

job

You

do

not

have

to

give

your

date

of

birth

when

applying

for

a

new

job

Employers

can

not

make

you

give

this

information

if

you

do

not

want

to

Employers

also

can

not

set

an

age

limit

for

a

job

unless

they

can

justify

it

for

example

because

of

certain

physical

abilities

or

it

’s

a

limit

set

by

law

for

example

for

the

fire

service

You

can

request

flexible

working

at

any

age

Get

help

When

planning

your

pension

and

retirement

income

you

might

need

help

with

choosing

a

personal

or

stakeholder

pension

planning

your

savings

choosing

how

you

want

to

get

your

retirement

income

delaying

your

State

Pension

payments

deferring

Where

to

get

help

You

can

get

free

guidance

on

your

retirement

savings

options

from

Money

Advice

Service

Pension

Advisory

Service

Pension

Wise

has

information

to

help

you

decide

what

to

do

with

your

money

if

it

’s

in

a

defined

contribution

pension

If

you

’re

over

you

can

book

an

appointment

to

speak

to

someone

Paying

for

financial

advice

You

can

find

an

independent

financial

adviser

on

the

Unbiased

website

from

the

Personal

Finance

Society

If

you

’re

paying

into

a

pension

scheme

you

can

ask

your

pension

provider

about

taking

out

up

to

to

pay

for

financial

advice

on

retirement

You

can

do

this

once

a

year

up

to

times

without

a

tax

charge

Not

all

pension

schemes

provide

this


When

you

're

an

agency

worker

You

’re

an

agency

worker

if

you

have

a

contract

with

an

agency

but

you

work

temporarily

for

a

hirer

Agencies

can

include

recruitment

agencies

for

example

temp

agencies

You

’re

also

an

agency

worker

if

you

look

for

work

through

entertainment

and

modelling

agencies

You

’re

not

an

agency

worker

if

you

use

an

agency

to

find

permanent

or

fixed

term

employment

Check

with

the

company

that

hired

you

Contact

ACAS

if

you

’re

unsure

if

you

’re

an

agency

worker

Fees

Recruitment

agencies

can

not

charge

you

a

fee

for

finding

or

trying

to

find

you

work

They

can

charge

you

for

certain

services

for

example

CV

writing

training

or

transport

You

have

the

right

to

cancel

these

as

long

as

you

give

notice

If

any

agency

offers

you

services

it

must

give

you

full

written

details

of

the

fee

and

conditions

before

charging

you

including

details

of

your

right

to

cancel

and

the

notice

period

can

not

make

you

use

these

services

as

a

condition

for

finding

you

work

There

are

different

rules

for

entertainment

and

modelling

agencies

When

you

want

to

cancel

a

service

You

can

cancel

paid

services

without

a

penalty

You

must

give

a

minimum

of

working

days

written

notice

to

the

agency

to

cancel

living

accommodation

working

days

notice

for

all

other

services

such

as

training

courses

You

can

complain

to

Acas

if

you

think

your

agency

has

unfairly

charged

you

or

it

will

not

refund

you

during

the

notice

period

What

your

agency

must

give

you

Your

agency

must

give

you

information

about

the

work

they

’re

trying

to

find

you

Before

you

’re

offered

a

job

Before

looking

for

work

for

you

your

agency

must

give

you

a

key

information

document

written

terms

of

engagement

often

known

as

a

contract

Key

information

document

The

key

information

document

is

a

short

explanation

of

how

you

’ll

be

paid

and

what

deductions

will

be

applied

It

must

include

the

minimum

rate

of

pay

you

can

expect

a

sample

payslip

giving

an

estimate

of

your

take

home

pay

after

things

like

National

Insurance

Income

Tax

or

private

healthcare

who

is

paying

you

if

you

have

any

fees

to

pay

if

you

’re

entitled

to

any

benefits

Your

agency

does

not

have

to

give

you

a

key

information

document

if

you

’ve

already

agreed

terms

of

engagement

with

them

before

April

Terms

of

engagement

The

written

terms

of

engagement

should

include

whether

you

’re

employed

under

a

contract

for

services

or

a

contract

of

employment

your

notice

period

your

pay

your

holiday

entitlement

An

agency

can

not

change

your

terms

and

conditions

without

telling

you

If

you

agree

to

changes

you

must

be

given

a

new

document

with

the

full

details

of

the

changes

and

the

date

they

changed

An

agency

can

not

give

information

about

you

to

any

third

parties

including

current

employers

or

hirers

without

your

permission

When

you

’re

offered

a

job

The

agency

must

give

you

a

written

statement

that

tells

you

your

start

date

how

long

the

contract

is

likely

to

last

the

type

of

work

about

any

expenses

you

may

have

to

pay

the

location

your

hours

about

any

health

and

safety

risks

about

any

experience

training

or

qualifications

needed

for

the

role

Equal

treatment

From

the

day

you

start

work

you

have

a

worker

’s

employment

rights

You

also

have

the

same

rights

as

your

permanent

colleagues

to

use

any

shared

facilities

and

services

provided

by

your

employer

for

example

a

canteen

or

food

and

drinks

machines

a

workplace

creche

or

mother

and

baby

room

car

parking

or

transport

services

like

a

local

pick

up

service

or

transport

between

sites

Rights

after

weeks

After

weeks

in

the

job

you

qualify

for

the

same

rights

as

someone

employed

directly

This

is

known

as

equal

treatment

Your

rights

include

equal

pay

the

same

pay

as

a

permanent

colleague

doing

the

same

job

automatic

pension

enrolment

paid

annual

leave

How

to

count

your

week

period

Start

counting

your

week

qualifying

period

from

your

first

day

at

work

You

do

not

have

to

be

at

work

for

weeks

in

a

row

some

types

of

leave

count

and

there

can

be

breaks

Do

not

count

days

on

sick

leave

or

a

break

The

qualifying

period

will

pause

for

sick

leave

or

breaks

Do

not

count

the

days

when

you

take

a

break

of

weeks

or

less

you

’re

on

leave

due

to

sickness

or

injury

for

up

to

weeks

you

take

annual

leave

you

’re

entitled

to

the

workplace

closes

for

example

for

Christmas

or

industrial

action

you

’re

on

jury

service

for

up

to

weeks

Count

time

off

for

pregnancy

paternity

or

adoption

Your

week

qualifying

period

will

continue

through

time

off

you

have

for

pregnancy

and

up

to

weeks

after

childbirth

adoption

leave

paternity

leave

If

your

leave

is

more

than

weeks

you

’ll

qualify

for

equal

treatment

when

you

return

to

work

Start

from

zero

for

a

new

job

or

role

Your

weeks

will

start

again

if

you

get

a

new

job

at

a

different

workplace

have

a

break

of

more

than

weeks

between

jobs

at

the

same

workplace

stay

at

your

workplace

but

take

a

new

role

that

’s

substantively

different

A

substantively

different

role

is

one

that

’s

completely

new

different

work

It

could

be

a

combination

of

different

skills

or

requiring

new

training

pay

rate

location

working

hours

Pay

You

’re

entitled

to

the

National

Minimum

Wage

for

all

the

hours

you

work

even

if

you

have

not

recorded

them

on

a

timesheet

After

weeks

you

’re

entitled

to

be

paid

the

same

as

a

permanent

employee

doing

the

same

job

If

your

agency

withholds

your

pay

Your

agency

can

delay

paying

you

while

they

get

proof

of

the

hours

you

worked

but

only

for

a

reasonable

period

of

time

Your

agency

can

not

refuse

to

pay

you

because

your

hirer

’s

unhappy

with

your

work

this

is

a

contractual

issue

between

your

agency

and

the

hirer

You

can

make

a

claim

to

an

employment

tribunal

if

your

agency

is

refusing

to

pay

you

If

you

’ve

opted

out

of

the

right

to

equal

pay

Your

agency

should

contact

you

to

explain

that

after

weeks

you

’re

entitled

to

the

same

pay

as

a

permanent

employee

doing

the

same

job

Maternity

rights

You

may

be

able

to

get

Statutory

Maternity

Pay

but

you

can

not

get

Statutory

Maternity

Leave

As

an

agency

worker

you

have

employee

’s

pregnancy

rights

after

working

in

your

role

for

weeks

It

’s

illegal

to

discriminate

against

you

on

the

grounds

that

you

’re

pregnant

you

’ve

given

birth

in

the

last

months

you

’re

breastfeeding

It

’s

discrimination

if

your

agency

refuses

to

place

you

in

a

job

hirer

refuses

to

hire

you

job

was

terminated

because

you

’re

pregnant

agency

refuses

to

keep

you

on

its

books

agency

offers

you

only

short

jobs

and

gives

longer

ones

to

other

agency

workers

hirer

will

not

let

you

come

back

after

having

leave

due

to

maternity

Contact

Acas

if

you

believe

you

’ve

been

discriminated

against

If

there

’s

a

risk

to

your

health

Your

hirer

should

make

reasonable

adjustments

so

you

can

do

your

job

If

this

is

n’t

possible

your

agency

must

find

you

alternative

work

or

pay

you

at

the

same

rate

for

the

expected

length

of

your

contract

Antenatal

care

After

weeks

in

the

job

you

can

get

paid

time

off

to

go

to

antenatal

care

if

you

can

not

arrange

it

outside

working

hours

Antenatal

care

includes

antenatal

classes

appointments

and

parenting

classes

if

they

’ve

been

recommended

by

a

doctor

or

midwife

You

must

also

be

paid

for

the

travel

time

if

it

’s

during

working

hours

Entertainment

agencies

Entertainment

agencies

can

charge

you

a

fee

for

finding

you

work

for

example

taking

a

commission

percentage

fee

from

your

earnings

to

publish

your

details

online

or

in

a

publication

They

must

tell

you

in

writing

if

a

fee

is

involved

If

they

’re

publishing

your

details

Once

you

receive

the

contract

you

have

a

day

cooling

off

period

when

you

can

cancel

or

withdraw

from

it

without

getting

a

penalty

do

not

have

to

pay

The

agency

must

show

you

what

it

plans

to

publish

about

you

before

it

’s

published

You

then

have

up

to

days

after

the

cooling

off

period

to

say

if

you

do

not

want

the

information

to

be

published

If

you

’re

happy

you

must

pay

after

the

days

If

the

agency

charged

you

but

did

not

publish

your

name

you

have

the

right

to

a

refund

for

up

to

days

Contact

Acas

if

you

believe

you

’ve

been

charged

unfairly

Modelling

agencies

Fashion

and

photographic

model

agencies

can

charge

you

a

fee

for

finding

you

work

They

can

take

a

commission

percentage

fee

from

your

earnings

They

can

also

charge

a

fee

to

publish

your

details

online

or

in

a

publication

They

can

not

charge

this

fee

to

you

upfront

but

they

can

take

it

from

your

earnings

if

they

find

you

work

They

must

tell

you

in

writing

if

a

fee

is

involved

Contact

Acas

if

you

believe

you

’ve

been

charged

unfairly


Overview

You

together

with

other

employees

can

ask

your

employer

to

keep

you

informed

and

consult

with

you

on

issues

related

to

your

company

or

organisation

This

may

include

the

company

or

organisation

’s

performance

for

example

financially

and

competitively

any

changes

to

your

working

conditions

and

employment

prospects

This

is

called

an

information

and

consultation

agreement

Your

employer

can

start

negotiating

an

agreement

without

a

request

from

its

employees

How

to

make

a

request

Check

that

you

’re

eligible

Write

to

your

employer

or

the

Central

Arbitration

Committee

CAC

with

your

request

Eligibility

To

make

a

request

you

need

to

be

an

employee

of

a

company

or

organisation

which

has

both

at

least

employees

its

registered

office

head

office

or

main

operation

in

England

Scotland

or

Wales

There

’s

a

different

process

if

you

work

for

a

company

or

organisation

based

in

Northern

Ireland

unless

both

of

these

apply

its

head

office

or

registered

office

is

in

England

Scotland

or

Wales

the

majority

of

its

employees

work

in

England

Scotland

or

Wales

Number

of

employees

needed

to

take

part

Employees

can

either

individually

request

an

arrangement

or

make

a

single

request

as

a

group

For

the

request

to

be

valid

the

following

must

apply

at

least

of

all

the

employees

in

the

company

or

organisation

make

a

request

at

least

employees

must

make

the

request

individual

requests

must

be

received

within

a

month

period

to

be

counted

together

Find

out

the

number

of

employees

You

can

write

to

your

employer

to

ask

how

many

people

they

employ

You

can

complain

to

the

Central

Arbitration

Committee

CAC

if

your

employer

refuses

to

provide

the

number

of

employees

you

think

the

number

they

’ve

given

you

is

wrong

Download

and

fill

in

the

complaint

form

and

send

it

to

the

address

on

the

form

Make

a

request

You

can

either

write

to

your

employer

to

request

an

arrangement

the

Central

Arbitration

Committee

CAC

you

can

do

this

if

you

do

n’t

want

your

employer

to

know

you

’re

making

a

request

Request

direct

to

your

employer

Include

the

following

the

date

you

’re

making

the

request

your

name

and

the

names

of

any

other

employees

included

in

your

request

Request

through

CAC

Email

enquiries@cac.gov.uk

with

the

following

the

date

you

’re

making

the

request

your

name

and

address

your

employer

’s

name

and

address

the

name

of

the

manager

who

represents

the

employer

CAC

will

tell

you

and

the

employer

how

many

requests

have

been

made

without

revealing

the

names

of

the

employees

What

happens

next

Your

employer

can

start

negotiating

with

you

straight

away

if

they

choose

to

regardless

of

how

many

employees

have

applied

If

more

than

of

employees

have

requested

an

agreement

your

employer

must

start

negotiating

with

you

If

less

than

of

employees

have

requested

an

agreement

your

employer

can

say

that

there

’s

already

a

pre

existing

agreement

hold

an

employee

ballot

to

see

if

they

should

start

negotiations

An

employer

can

dispute

the

validity

of

any

request

Central

Arbitration

Committee

CAC

can

be

asked

to

decide

if

requests

are

valid

and

if

pre

existing

agreements

already

exist

Pre

existing

agreements

Your

employer

may

say

there

’s

already

an

agreement

about

keeping

you

informed

and

consulting

you

A

pre

existing

agreement

is

a

written

explanation

of

how

the

employer

informs

and

consults

employees

or

representatives

It

must

cover

all

employees

have

been

agreed

by

those

employees

You

can

complain

to

CAC

if

you

do

not

agree

there

’s

a

pre

existing

agreement

If

a

ballot

is

held

Your

employer

may

hold

a

ballot

a

vote

to

decide

if

they

should

start

negotiating

They

must

tell

you

no

more

than

month

after

they

get

your

request

that

they

’re

going

to

hold

a

ballot

hold

the

ballot

no

sooner

than

days

after

they

tell

you

about

it

Your

employer

might

decide

to

hold

a

combined

ballot

of

all

employees

if

there

is

already

an

agreement

or

more

than

one

agreement

covering

other

parts

of

the

business

in

addition

to

your

own

All

employees

must

be

allowed

to

vote

in

the

ballot

and

the

voting

must

be

done

in

private

Results

of

the

ballot

Your

employer

must

start

negotiations

with

you

if

both

these

apply

at

least

of

employees

took

part

in

the

ballot

more

than

of

those

voting

supported

the

request

for

an

information

and

consultation

agreement

You

can

not

request

a

new

agreement

for

years

if

the

results

of

the

employee

ballot

do

not

meet

both

these

requirements

Complain

about

a

ballot

Download

and

fill

in

the

relevant

complaint

form

and

send

it

to

the

Central

Arbitration

Committee

CAC

if

the

employer

has

not

told

you

that

they

’re

holding

a

ballot

within

month

of

getting

your

request

use

form

you

think

the

employer

is

taking

too

long

to

hold

a

ballot

after

they

’ve

said

they

would

and

days

have

passed

use

form

you

believe

the

ballot

was

not

fair

make

the

complaint

within

days

of

the

ballot

using

form

Negotiate

an

agreement

You

need

to

negotiate

with

your

employer

when

they

agree

or

the

Central

Arbitration

Committee

CAC

instruct

them

to

set

up

an

agreement

The

terms

will

need

to

be

agreed

and

written

down

by

your

employer

and

the

employee

representatives

If

the

negotiations

are

started

by

the

employer

without

receiving

a

request

they

must

inform

all

employees

in

writing

about

what

’s

happening

You

can

complain

to

CAC

if

they

do

not

Selection

of

employee

representatives

Your

employer

must

make

sure

that

every

employee

is

represented

by

at

least

one

representative

They

can

choose

whether

this

is

done

by

appointing

or

electing

the

representatives

but

all

employees

have

a

right

to

be

involved

in

this

process

Complain

to

CAC

within

days

of

the

selection

of

the

representatives

if

you

think

your

employer

has

not

done

this

properly

CAC

may

tell

the

employer

to

rerun

the

process

for

appointing

or

electing

representatives

If

negotiations

fail

If

your

employer

does

not

enter

negotiations

or

an

agreement

can

not

be

reached

then

they

must

give

you

the

following

information

and

consult

with

you

on

what

the

company

or

organisation

is

doing

its

economic

situation

and

its

future

prospects

any

changes

to

employee

numbers

and

organisation

employment

prospects

and

particularly

any

threats

to

jobs

within

the

company

or

organisation

decisions

that

might

lead

to

changes

in

work

organisation

or

in

employment

contracts

including

TUPE

transfers

and

collective

redundancies

Complaints

when

an

agreement

is

in

place

Complain

to

CAC

by

filling

in

the

relevant

form

if

you

believe

your

employer

has

not

complied

with

the

terms

of

an

agreement

your

employer

has

made

an

unreasonable

request

that

you

keep

information

confidential

that

disclosing

particular

information

would

harm

your

business