Ella Halliday, founder and managing director of Childcare HR, a specialised HR consultancy for early years businesses across the UK, discusses employee rights and offers hints and tips on how best to raise any issues with employers

As an employee in an early year’s setting, it’s often difficult to know exactly what you are entitled to as an employee and how best to raise any concerns you have with your employer.

Joining a new setting

So, you’ve landed your dream job and the wait is on now to start. There’s probably lots of information that your new employer is asking for to get your DBS sorted and get you started as soon as possible, but what should your new employer be giving you?

Contract of employment

A contract of employment is a legally binding contract between the employer and employee which outlines what you are legally entitled to. As a minimum, your contract of employment needs to cover:

• Name and address of employer and employee.
• Job title.
• Rate of pay and date of pay.
• Hours of work and details of any rest periods.
• Holiday entitlement.
• Probationary period.
• How long the contract will last.
• Any mandatory training you are required to undertake and who will pay for this.
• Any contractual benefits, if any, such as sick pay and pension arrangements.
• Legal deductions to pay, such as overpayments, training agreements etc.
• Details of the disciplinary and grievance procedures.
• Any other contractual arrangements, such as maternity or paternity enhancements.
  
  Your contract needs to be given to you as soon as possible and no later than two months after your start date.

Job description

Ever started a job and have no idea what it is you’re supposed to be doing, or get a nasty surprise when your employer suggests you aren’t doing everything you’re supposed to?

A job description, or at the very least a list of required duties, is a legal requirement. The benefit of a job description works both ways. Not only does it help you understand what’s expected, it will also help your employer if there are any concerns about your performance, giving you a guide to work through to be as successful as possible in your role.

Policies and procedures

Your setting may have multiple mandatory policies for things such as safeguarding and whistleblowing, but here are the policies you must legally have from an employment perspective:

• Disciplinary policy.
• Grievance policy.
• Employee privacy notice.
• Health and safety policy.
  
  Each of these policies set out the way that your employer will handle and process such matters and what is expected of you under each one. You may find them in an employee handbook, which may be given to you on your first day, or available somewhere central for you to review.
  
  Other employers will have them set out separately in individual documents. Both are fine, but you should always be told where you can access them.

National Minimum Wage and National Living Wage

All employees must be paid at least the National Minimum Wage or National Living Wage, dependent upon your age or qualification status. As of April 2024, these rates are:

• £11.44 an hour for workers aged 21 and over (National Living Wage).
• £8.60 an hour for workers aged 18-20.
• £6.40 an hour for workers under 18 who are above compulsory school age.
• £6.40 an hour for apprentices under 19 or those 19 and over in the first year of their apprenticeship.

Annual leave entitlement

All employees are entitled to 5.6 weeks annual leave per annum (including bank holidays). For a full-time worker, working five days a week, that’s 28 days per annum; this is then pro-rated for part-time staff.

If you a have term time-only or irregular hours contract, you are still entitled to an annual leave allowance and your employer has a few ways to pay this to you. Check your employment contract or ask for the information if you’re unsure of how you are being paid this allowance.

If you’re in doubt about whether you are being paid your annual leave, be sure to check out the Gov.uk website to find out more or use its helpful annual leave calculator.

Working hours and rest periods

Under the Working Time Regulations 1998, employees must not work more than 48 hours a week, which is averaged over 17 weeks. An employee can opt out of the Working Time Regulations, but this must be voluntary, and the employer cannot force you to do it.

In addition, the following rules apply:

• You must allow a minimum of 11 hours between each shift.
• Any hours over six per day are entitled to a minimum of 20-minute rest break. Different rules apply if you are under 18. Please visit ACAS or Gov.uk for further information.

Dismissals

If you are in a position where you have been, or may be, dismissed from your employer, you have legal rights to ensure that your employer is acting fairly. Regardless of how long you have been employed with the business, your employer must follow a specific process.

Unless you’re being dismissed for gross misconduct, you are also entitled to paid notice. How much will be dependent on your contract of employment or how long you’ve been employed.

If you are invited to a formal meeting to discuss your employment, you will also be entitled to bring a colleague or a trade union representative along with you for support. Anyone can join a trade union.

If you are concerned about the way you are being treated by your employer, give ACAS a call on its free helpline for advice.

References

“You cannot give a bad reference” is something I hear all the time. This isn’t quite correct. A reference must be factual and not contain false information or anything that can’t be evidenced. If you were dismissed for gross misconduct or high sickness levels for example, then your old employer can share this information.

How to speak to your employer

If you have read this article and feel you haven’t got the legal minimum in place with your employer, it’s best to have an informal conversation with them first to see if they can get the information to you. The priority is to keep the relationship strong between you and your manager.

Ask for a private conversation and explain what you feel you are missing in a non-judgemental and open way. My advice is to then follow up your informal conversation with an email or letter, which can be used as a paper trail or evidence later if required.

If you still do not receive a response, or the situation is not rectified, then seek further advice from your trade union or from ACAS. There is lots of advice and support out there for you.