You Do Have Rigths

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Some employers are reasonable, but some aren’t and will try to take advantage of new workers. Know your rights.

Here are some important pieces of advice if you are starting a new job with any new employer after 1 April 2011

  1. You have the right to join a union. It's your choice, not the employers.
  2. If there is a union collective agreement covering that workplace, you are covered by that agreement for the first 30 days of your employment. The employer must give you a copy of that agreement.
  3. You don't have to agree to a trial period that takes away your protection against being unfairly sacked. You can say no.
  4. If your new employer insists on a 90-day fire at will clause, you have the right to suggest alternative versions. See our suggestions or email us.
  5. And if your employer want's a 90-day fire at will clause, it must be in writing in your employment agreement. If it’s not in writing the new law won’t apply.
  6. You also don’t have to agree to unreasonable conditions suggested by the employer, like deductions from pay at the time of dismissal or requirements to work your notice after short periods of employment. Say no to these.
  7. You can’t be made to sign an agreement if you haven’t had a reasonable chance for a family member, lawyer, adviser or union to look at it.
  8. Regardless of what’s in your agreement, once you’ve started work and if you’re on a trial, make sure you ask your employer how you’re going a few times in your first few weeks.
  9. If you’re asked to do work that is dangerous and you don’t think you have the skills or the right protective gear, and you’re threatened with the sack if you don’t do it, the employer will be breaking the law, so ring the Department of Labour Health & Safety Division (0800 20 90 20) as soon as you can and tell them.
  10. If you think you’re being treated differently at work just because you’re on a trial period the employer will be acting unlawfully and you can challenge it.
  11. If you’re sacked under a trial period clause, get advice because you may still have grounds for legal action if the employer has been unfair or discriminatory.
  12. Remember, you have the right to belong to a union. It’s your choice, not the employer’s.

The Department of Labour website gives information on basic employment rights, including the new 90 Day Fire at Will rules.