All through your life, the law gives you certain
rights and obligations. It is in your interests to find out
what they are. If you do, you'll know when you're breaking the
law and you'll also be able to use the law to protect you, if
you need to. Laws and young people's rights can and do change.
If you need help, please contact the agencies mentioned. Below
is a brief guide of how the law affects you from the age of
16. It is not a complete statement of the law. Please note that
there may be exceptions to the various age categories. Please
check with local police/solicitor before acting.
must pay national insurance contributions if employed
join a union
choose your own doctor and religion
drink beer, perry or cider with a meal in a licensed restaurant
be sent to a detention and training centre from the age of 12 years
ride a moped under 50cc and if in receipt of the higher rate of disability living allowance, drive a car
a girl can legally consent to sexual intercourse
a male can lawfully consent to sex in private with another male (See also relationships)
your parent loses child benefit unless you are still in full-time education
you can buy premium bonds and national lottery tickets
you can apply for Legal Aid; you must pay NHS prescription charges and dental charges except in certain circumstances. (See also dentists & health costs)
With guardian/parents' consent you can:
change your name
get married
leave home
have your own passport (you do not need concent if you are a member of the armed forces or married)
18 years - Youbecome an adult in the eyes
of the law
You can leave home
get married
carry an organ donor card
change your name and apply for a passport without parental
consent
buy alcoholic drinks
be sold cigarettes or tobacco
vote
make a will
sit on a jury
Buy on Hire Purchase (HP)
own land, shares and property in your own name
sign contracts
sue and be sued
see a certificate 18 film
be tattooed
drive a goods vehicle up to 7.5 tonnes
become liable to register for and pay the Council Tax
can bet in a betting shop
buy fireworks
get your name and address put on the adoption contact
register in case your natural parents want to contact you.
21 years You can do all the above and more! You can:
adopt a child
stand for local council or parliament
hold a licence to drive a lorry, bus and motorcycle of any capacity
hold a licence to sell alcohol.
The law and your family
A child's birth
Must be registered by the Registrar within 42 days of the
birth. If the parents are not married and they want the father's
name on the birth certificate, he should go to the registry
office with the mother.
Birth certificates
Are important and need to be kept safe. You can get copies
of your birth certificate by contacting the Registrar in the
county where you were born - see phone book under 'Registration'
or 'you and your rights' local addresses drop down menu at the top of this page.
Parental Rights and Duties
Fathers or mothers, whether married or unmarried, can be
ordered by a court or the Child Support Agency to contribute
to bringing up their child.
Parental rights diminish as a child becomes older. Anyone
who has parental responsibility may apply for a residence
order, which requires the child to live with them until the
child reaches their 18th birthday. A mother always has parental
responsibility for her child. As does the father if he was
married to the mother at the time of the birth. An unmarried
father would not have parental responsibility unless he obtains
a court order, or if the mother agrees to give it to him, or if he and child's mother register the birth together. A father's right regarding his child's education are wider, even if he does not have parental responsibility, he can attend parents' evenings and have access to his child's school recors.
However, after a child reaches age 16, an
order
will only be made in exceptional circumstances. Parents of
children who receive a conviction at court can be ordered
to attend a course in parenting skills. If you have any queries
contact your local CAB , youth worker or social worker.
(see
'you and your rights' local addresses drop down menu at the top of this page)
If you are between 16 and 18, those with parental responsibility
must give their consent before you can marry. If a residence
order is in force, the person in whose favour the order was
made must give consent. If you are in care, the local authority
must consent. If they refuse, you can apply to the County
Court for permission, see a Solicitor or visit the Clerk's
Office of the Court for details. For you to marry you must
not already be married, be able to understand the ceremony
and give your consent, and not be a close relative of the
other person, e.g. you cannot marry your brother, sister,
uncle or aunt, but you may marry a cousin.
In order to marry in a Registry Office, each of the couple
must have lived in a registration district in England and
Wales for at least seven days immediately before giving notice
of marriage at the Registry Office. After giving both notices
of marriage you must wait a further 15 clear days before the
marriage can take place (for example if notices of marriage
are given on 1 July the marriage may take place on or after
17th July). You are legally obliged to give one day's notice
but since there is often a waiting list, it is best to check
with your local registry office for the notice needed. You
will have to produce your birth certificate. If you want to
get married in accordance with a certain religious organisation,
you should ask that organisation for details.
If you are under 18 and living with someone against your
parents' will, it is possible for them to take legal action.
Once you are over 18, you can live with whoever you want
to. If you have any problems with your relationship you
can contact
Relate (see 'health and relationships' local addresses drop down menu at the top of this page)
Forced Marriages
It is a criminal offence to force a person to marry against
their will. If a person is afraid that she or he may be forced
into a marriage in this country or while abroad the police
should be contacted.
If a person who has been forced into a marriage abroad,
someone in the United Kingdom who is concerned about what
has happened should contact the Foreign and Commonwealth Office
to see if the consul in the country concerned can provide
any help:
Consular Division Foreign
and Commonwealth Office
Old Admiralty Building
London
SW1A 2PA
Once you are over 18, you can apply to the Registrar General
and ask for a copy of your original birth certificate. The
birth certificate will have on it the names of your natural
parents, or parent. You can also ask the court which made
the adoption order to let you see its records about your adoption.
If you were adopted before 12 November 1975, you will have
to see a Social Worker (which will be arranged by the Registrar
General's Office) for counselling before you can obtain the
information. If you were adopted after this date you may choose
whether or not to see a social worker. They can arrange a
counselling interview for you. It's a good idea to meet a
counsellor who can help you in thinking about your adoption
and making enquiries.
As a starting point and to get an application for access
to birth records, contact:
Office for National Statistics
The General Register Office
Adoption Section
Smedley Hydro
Trafalgar Road
Birkdale
Southport PR8 2HH.
If you are legally adopted, your natural parents have no
legal rights over you at all. These belong to your adoptive
parents.
Sex and the Law
The law in relation to sex is very strict.
It is best to make sure before you do anything sexual that
the person; consents, is old enough to consent, and is in
a fit state to consent eg: they are not drunk. It is also
an offence to have sexual activity with somebody with whom
you are in a position of trust. In England, the law says a
female must have reached the age of consent (16 yrs) before
she can legally agree to have sex with someone. The age of
consent for sexual intercourse between gay men is now 16.
It is illegal for any male to have sex with a female before she is 16, even if she agrees. In law, a girl aged under 13 cannot agree to have sex and if an offence is committed against her it carries a maximum sentence of life imprisonment.
Males (over the age of 10) can be prosecuted for unlawful sexual intercourse.
Sex between males is illegal for all men under 16; however, if both partners are 16 or over and they agree and they are in private, no offence is committed.
Female homosexuality is not an offence, provided there is consent. however if under 16 it can be classed as an indecent assault., as a girl under 16 cannot legally consent to any sexual activity.
Is against the law to have sex with a person against their will. It is a defence to a charge of rape that the person consented to sex. That person must be in a fit state to give consent e.g. if you have sex with someone who is drunk and not in a fit state you would have difficulty arguing they had consented. Any male aged
10 or over who has sex with another person without consent,
male or female, may now be charged with rape. (This now includes
oral and anal sex) The maximum adult penalty for rape is life
imprisonment. Even if a man is married to a woman he can still
be charged with rape in certain cases, if the wife did not
consent. a woman can also be charged with rape in certain
circumstances eg if she held the woman down while the man
had non consenting sex with her.
Incest is sex between persons regarded as too closely related
to marry each other. Both men and women can be prosecuted for
incest.
Discrimination and
the Law
There are many different areas where people suffer discrimination,
but two major ones are the areas of race and sex:
Religious and Racial Discrimination
It is unlawful for employers to discriminate against you on the grounds of your
race, colour, nationality or ethnic origin, religion or belief. If you have a complaint
concerning discrimination in employment, try taking the matter
up with your employer or trade union. You may also be able to
take your case to an employment tribunal.
If the case concerns something other than employment, you may
need to go to court. Contacts are:
Pay and Employment Rights
Service (PERS)www.pers.org.uk
Field House
15 Wellington Road
Dewsbury WF15 1HF
The Northern Complainants
Aid Fund Checkpoint
45 Westgate
Bradford
West Yorkshire BD1 2TH Tel: 01274 740340
These can all give you advice if you feel you have been
discriminated against or if you are suffering racial harassment
Sex Discrimination
This is where a person is treated less favourably because
of their sex or circumstances eg. if you are married or have
children.
If you have a complaint regarding employment, talk to
your employer or trade union. You may be able to take your
case
to an employment tribunal . If
your case isn't concerned with employment you will have
to
go to court. The CAB and the Equal Opportunities Commission
(EOC) or PERS will be able to help you in either case. (see 'you
and
your rights' local addresses drop down menu
at the top of this page).
E.O.C
Arndale House
Arndale Centre
Manchester
M4 3EQ
It is an offence to cause a person harassment, alarm or
distress. If you are subjected to harassment or racial abuse
or abuse because of your religion, contact the police or seek
advice from a solicitor. As a confidential 24 hour alternative to reporting to the police, contact Stop Hate Crime 0800 138 1625.
Private Premises If you're between 5 and 16, you can drink alcohol on private
premises under the care and control of an adult. It is illegal
to give children under 5 alcohol except under doctor's orders
Licenced Premises Generally, young people under the age of 14 are not allowed
in the bar of licenced premises during licencing hours.
If you are under 18 you may not buy or attempt to buy intoxicating
liquor (i.e. alcohol) on licenced premises, which includes
pubs, off-licences, supermarkets etc. Also, someone aged 18
may not buy or attempt to buy intoxicating liquor on licenced
premises for consumption by someone aged under 18. It is an
offence for a person under 18 to buy alcohol on behalf of
a person under 18 that is to be drunk outside of licensed
premises eg. in the street.
Exception: If you are aged
16 or over and on licenced premises, you can drink
and buy beer, porter, cider or perry, for consumption
with a meal in a room set apart for such purposes.
If in a bar, it must be a table meal. Please remember
that this is always at the licensees discretion.
Confiscation of Alcohol (Young Person's) Act 1997 Section one of the Act gives a police officer the right
to remove alcohol from a person he/she suspects is under 18,
if that young person is either in a public place or in a private
place that the young person has unlawfully gained access to.
The police officer also has the right to remove alcohol from
someone who is aged 18 or over in such a place, if he/she
suspects that the young person is likely to pass the alcohol
onto someone aged under 18 to drink in that place, or if the
alcohol has been drunk in such a place by someone in the young
person's company who is under 18. The police officer has the
power to remove anything which he/she believes to be alcohol,
even if it is contained in an ëinnocuous container'.
Smoking
You can legally smoke in private at any age but shop keepers
are not allowed to sell you tobacco when you're under 18 and
they can be prosecuted for doing so. Those under 18 found
smoking in public can have their tobacco and cigarette papers
seized by a uniformed police officer or a park warden. Schools
can have their own rules about smoking.
Lots of drugs are controlled by law. It's illegal to use,
possess or supply certain drugs, including ones that haven't
been prescribed for you. Possession of cannabies is still
a criminal offence. You may be committing a crime simply by
having them in your house. The police can search anyone (and
their vehicles) if they believe they have illegal drugs. This
must be a reasonable belief, not one based on prejudice. Glue
and other solvents are not illegal but a shopkeeper may be
committing an offence by selling them to you, knowing how
you may misuse them. For possession of some drugs you can
receive long sentences.
If
you have bought goods from a trader, they must be:
Of satisfactory quality
fit for their purpose
as described
If you buy secondhand goods from a trader the same rules
apply but you have to think about the age of the goods. Obviously
the older they are, the more wear and tear you must expect.
Try to keep any receipts in a safe place in case you need
them at a later date.
When the goods don't meet any of these three golden rules:
If you have used them a few times within a short period or haven't had a reasonable opportunity to check them, you are probably only entitled to a refund for a major fault, a number of minor faults or a serious misdescription.
If the fault is only minor and can easily
be put right, it is reasonable to accept a repair.
This doesn't stop you claiming a refund
if the repair turns out to be unsatisfactory. If you received
the goods after 31 March 2003, you may be able to claim
a replacement, unless this would be disproportiane to the
cost of a repair. If you are willing to accept the goods
in their damaged condition, you should be entitled to a
reduction in price.
If you have used them more than a few times or have had a reasonable opportunity to check them, you are probably only entitled to a repair, which should be carried out within a reasonable time period and should restore the goods to a satisfactory condition. If not, you are entitled to compensation. This could be a sum of money or the cost of having someone repair the goods for you.
If the goods cannot be repaired you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods.
If the goods have damaged anything else or you may be out of pocket in any other way, you may be entitled to compensation over and above the price of the goods.
Remember, if you are entitled to a refund, repair or compensation it is the trader who must sort out your problem. The trader may tell you to go back to the manufacturer but they have no legal obligation towards you.
IMPORTANT :
If you have damaged or
misused the goods, you have no rights at all.
Your rights cannot be taken
away by anything written in notice, a receipt,
a warranty
or a guarantee.
Fair wear and tear is not a
fault.
You have no rights if you
simply change your mind, chose the wrong size
or type of goods
for your needs or gave the trader the wrong
information.
If you buy goods privately you have less
rights.
For nearly all types of home shopping, if you shop for goods
or services by telephone, mail order, fax, digital television
or the internet, you now have new consumer rights to; clear
information, a cooling off period of 7 days. You are entitled to a refund if the goods have not been delivered in 30 days, a protection
for your credit cards against fraud.
If you feel that you have been unfairly treated, a Consumer
Advisor or CAB will be able to help you. (see 'you and your
rights' local addresses drop down menu at
the top of this page)
Most of the powers given to the police to stop people in
the street and search them are contained in the 1984 Police
and Criminal Evidence Act, which sets out codes of practice
for the police to follow. The codes of practice are available
in police stations and public libraries for people to look
at. The main points are as follows:
If a police officer stops you in the street, you are entitled to know their name, station and why they have stopped you.
The police have a general power to stop you, ask your
name, address, where you have been and where you are going.
You do not have to answer, but if you are not doing anything
wrong it is probably in your best interests to reply. They
can arrest you to ascertain your correct details but this
must be reasonable and not based on prejudice.
The police cannot search you unless they have arrested
you or they have reasonable grounds to suspect they will
find something which has been stolen or is illegal e.g.
drugs, an offensive weapon, stolen credit card etc. If you
are 17 or over you can volunteer to let the police search
you. Under 17, an 'appropriate adult' such as a parent or
guardian can volunteer to let you be searched and make sure
you understand the situation. In some circumstances you
can be searched without a reason (e.g. at a football match).
If the police want to remove more than your outer clothing, this must be done out of public sight and by an officer of the same sex. No one of the opposite sex must be present. Intimate body searches (not the mouth) must be carried out in the presence of someone who is medically qualified and only following arrest.
The police can search; you in a public place, anything you are carrying or a vehicle you are in or which is yours. They cannot search you in a flat, house or garden unless they believe you do not have permission to be there.
Police are allowed to search your house if;
They have reason to believe that they might find someone
who has committed an arrestable offence or to look for evidence
in connection with this; or they have a warrant or permission
from the court; or to catch an escaped prisoner or save
life or prevent serious damage or some kind of disturbance;
or if an officer of inspector rank has given permission.
If you are searched, the police may,depending on the Force, make a written record of what they do, either at the time they do or soon after. You should ask for a copy of the search record. You should ask if a copy of the search record is available.
If you are taken to a police station
Going to the police station: You should be told whether you
are being arrested or being asked to go voluntarily. If you
are being arrested or detained, you must go. If you're asked
to go voluntarily to help with enquiries you may refuse although
it's usually in your best interests to go. If you attend a police
station voluntarily you may leave at any time you wish, unless
you are arrested.
Being held at the police station after arrest
In the police station you will come before a custody officer
who is responsible for keeping you there, making sure you
know your rights while you are being detained and deciding
whether or not there is enough evidence to bring charges against
you.
When you arrive at a police station you have the right:
To have someone informed of your arrest but not to speak with them
To receive independent legal advice, to talk privately
with a solicitor and to look at a copy of the 1984 Police
and Criminal Act Codes of Practice. These rights can
be witheld but only in very exceptional circumstances.
Questioning after arrest
Before
a police officer can ask you questions, he or she must say the
words -' You do not have to say anything but it may harm your
defence if you do not mention, when questioned, something which
you later rely on in court. Anything you do say may be given
in evidence'.
It is important to understand what this means and it is
worth knowing that you are entitled to free legal advice.
It is usually better to say that you will answer questions
when you have received legal advice. This may mean that you
will then be asked to go to the police station.
If you are under 17 years, a responsible adult eg. a parent,
friend (18 or over) or social worker etc must be there when
you are questioned. Notes should be taken of the interview
or it will be tape recorded.
Solicitor/ Duty Solicitor
If you ask for legal representation, the
Custody Officer will contact the solicitor for you. The solicitor
must be available within 45 minutes. Advice from the Duty
Solicitor is free, regardless of income but you may have to
wait to see him/her. If you sign the custody sheet saying
you don't want to see a solicitor, you can change your mind
at any time. You will also be asked if you would like a friend
or relative to be informed of your arrest. You have the right
to have someone informed without delay unless you are being
detained in connection with a serious arrestable offence,
when access to a solicitor and relatives can be delayed in
specific circumstances.
Charged or released
Unless you are suspected of a serious
offence, you must be charged or released within 24 hours of
detention and you have the right to consult a solicitor at
any time. If a serious offence has been committed, you could
be held up to 36 hours without access to a solicitor and without
being charged. After 36 hours, you have a right to see a solicitor
and a magistrate may order your continued detention in a police
station for up to 96 hours with a series of reviews. If after
96 hours you have still not been charged, you have the right
to be released. The right to see a solicitor can only be witheld
as long as it could prejudice the investigation.
Bail
If you have been arrested and charged with an offence, you
may be bailed by the police to appear at the Magistrates Court
at a later date. Under certain conditions, the police may
impose conditions on your bail such as a curfew. If you are
kept in police custody, you must be brought before the next
available Magistrates Court and then you may apply for bail.
If you are given bail, this means that you must return to
the court on a given date to answer the charges.
Magistrates may also impose conditions on your bail, such
as a curfew or reporting to a police station. Breaching bail conditions could lead you to being held in prison until your case comes to trial.
Remand
If you don't get bail you will be held on remand.
If you are under 17, you will usually be accommodated by the
Local Authority which could mean being placed away from home.
Remand can also be in prison. If you are 15-16, this is normally
in a special remand centre in a Young Offenders Institute.
If you are 12-14, it is normally in a secure facility. Remand
can go on until the case has finished.
Cautioned
If
you are caught by the police doing something which is not
very serious and you have never been in trouble with the police
before, you may receive a caution rather than being charged
with an offence. However, do not rely on this as it is just
a possibility. If you are under 18 then you would receive
a reprimand or final warning in place of a caution. Generally
a final warning means exactly that; any further offending
would result in prosecution. However, this could depend on
circumstances. If you are under 18 and two years have passed and you further offend, again, you may be give another final warning, although you cannot rely on this.
To receive a reprimand or final warning
To receive a reprimand or final warning:
The police must have strong evidence that you have committed
an offence, you must admit that you have committed the offence
and you must agree to one being given to you. Being given
a reprimand or final warning does not give you a criminal
record, although the fact that you have received one will
be recorded by the police.
If you receive a final warning, then you will be assessed
by the Youth Offending Team. You may be asked to make amends
to the victim or to the community for your offence. Your participation
is voluntary but any failure to co-operate would be brought
to the attention of the court in any future prosecutions against
you, as will the fact that you have had a reprimand/final
warning.
Legal Help
The Legal Help Scheme helps people with a low income to
get free legal advice and assistance from a solicitor or other
organisation. The solicitor or other organisation has to have
a contract with the Legal Services Commission to provide legal
help under this scheme. Please note that the Scheme will not
pay for being represented by a solicitor in court, apart from
in certain serious circumstances, in which case help will be available no matter what your income is. For further information,
contact:
The Legal Services Commission 85 Grays Inn Road, London, WC1X 8TX Tel: 020 7813 1000. www.legalservices.gov.uk
Community Legal Services Directory
Helpline - Will help you identify the legal
service you need Tel: 0845 345 4345 www.justask.org.uk
In Court
If you are under 18 you will appear in a Youth Court, unless you are jointly accused of an offnece with an adult, in which case you will go to the magistrates court.
If you are under 18 and if it is the first time you have been prosecuted and you
are pleading guilty, you may be given a referral order where
a panel of people from your own community will decide how
you should make amends for your offence. If you complete the
order it will not be counted as a conviction against you.
Provided you stay out of trouble, you will be able to tell
an employer that you have no convictions. If you do not cooperate and you are re-sentenced, it will become a conviction that you must tell your employers about.
If you are 18 or over, your case will start off in a Magistrates
Court. It may be heard fully here or you may be sent to the
Crown Court for trial or sentencing. The court may ask for
pre sentence reports to be made. A Social Worker or Probation
Officer will talk to you and it may help your case if you
help him/her as much as you can.
If You're the Victim
If you have been the victim of a crime of violence, you
may be able to claim compensation from the Criminal Injuries
Compensation Board. Howevert, if you have a bad criminal record yourself, you may not be able to claim. For a form and further details contact:
The Criminal Injuries Compensation
Authority
CICA, Tay House
300 Bath Street
Glasgow G2 4LN
Tel: 0141 331 2726 or Freephone 0800 3583601 www.cica.gov.uk
In all areas there are Victim Support Groups which are
there to help and support victims of crime. (see 'you and
your rights'
local addresses drop down menu at the
top of this page)
The CAB can tell you if there's one near you. (see 'you
and your rights' local addresses drop down menu
at the top of this page)
Complaints about the Police
If you think you haven't been treated properly - make a
complaint through your solicitor, Law Centre (see 'you and
your rights' local addresses drop down menu
at the top of this page) or Racial Equality Council (see
'you and your rights' local addresses drop down menu
at the top of this page). You can also complain to the duty
inspector. Always try to stay calm. Try not to provoke the
police or be provoked by them.
Being a witness
If a police officer thinks you have witnessed an offence,
you may be asked for your name and address. You may be asked
to make a written statement and you may have to appear in
court to give your evidence. If you go to court, you will
be asked to take an oath or affirm that you will only say
what you believe to be true. If you are under 14, you will
not be asked to give evidence on oath. You must answer all
the questions which the court allows you to be asked.
Jury service
You can be called to serve on a jury at any time once you
are over 18. You have to go unless you have a valid reason for
not attending. You can claim for any earnings you lose through
being on a jury. You do this at court.
From 6th April 2005, it is classed as unfair dismissal if you are dismissed for taking time off for doing jury service, except in certain circumstances. Get advise!
www.rizer.co.uk
- neutral guidance on the criminal justice system
At 17 you can drive a car or ride a motorbike up to 125cc.
Before you drive any motor vehicle on a road, you must have
a full or provisional licence and comply with its conditions.
The vehicle must be insured for you, must be road taxed and,
if it is more than 3 years old, it must be MOT tested. If
you receive Mobility Allowance you will be exempt from Road
Tax. To apply for a licence, tax your vehicle or apply for
driving tests, visit any main Post Office. When you are driving
on public roads
You must:
Stop if a uniformed police officer asks you.
Stop if you are involved in an accident. You must report any accident that involves injury to any person or certain animals (e.g. dogs, horses, sheep, pigs, cattle, goats but not cats), or damage to any property or 'roadside furniture' eg a traffic sign, to the police as soon as possible, but in any case within 24 hours.
Show your licence and give your date of birth, if asked by any police officer (all drivers).
Any driver who may be involved in a traffic accident must show a police officer, if requested, their licence, insurance certificate, MOT certificate and give the name and address of the owner and driver of the vehicle . If you don't have licences etc. with you, you must take them to a police station within 7 days.
Take a breathalyser test, if asked by a uniformed officer. Pushbikers may be asked to take a breathalyser test but can refuse.
Never drink and drive, you are endangering other people's lives as well as your own.
What follows is only a guide to your rights as an employee.
If you are having problems get advice from your union or
CAB
(see 'you and your rights' local addresses drop down menu at the top of this page)
Your employer should give you a written statement of the main terms and conditions of employment within 8 weeks of starting. If you don't get one ASK. You should also be notified of any subsequent changes.
You should get a wage slip every time you are paid. It should show how your wages are made up. It is against the law for an employer to take money, other than tax and National Insurance, out of your wages unless you have agreed this in writing beforehand.
You have the right to join a Trade Union. It would be unlawful for you to be sacked or made redundant for being a member of a Trade Union and you would have the right to seek compensation from an Employment Tribunal. You can go to your union about a problem at work.
Health & Safety - Employers are bound by law to ensure your workplace is warm enough, well lit and safe. If you have to work with dangerous substances or machinery, there should be proper training and safety equipment (eg. steel-toed boots, goggles). If your work is making you ill in any way (eg. something irritating your skin, eyes or chest), or if you are injured at work fill in the accident book. If you are concerned about any aspect of health and safety at your place of work, contact your trade union or:
The National Minimum Wage for most 16 and 17 year olds is £3.40. Apprentices under the age of 19 (or over 19 in the first year) may not get it. 18-21 year olds and some older trainees in their first 6 months get £4.60. The rate for most worker aged 22 and over is £5.52. Call the National Minimum Wage Helpline on 0845 6000 678
Nearly all workers have the right to at least 4.8 weeks paid holiday per year.
Nearly all workers have the right to work a maximum 48 hour per week on average.
Nearly all workers have the right to have daily and weekly rest breaks. There are special rules for night workers and young workers.
If you are 16/17, you have the right to take time off during working hours to take up study or training which leads to relevant qualifications.
If you are pregnant you have the right to paid time off for ante-natal care e.g. visiting a clinic. If your baby is due on or after 6th April 2003, you also have the right to paid maternity leave of 26 weeks and the right to return to work after this maternity leave and this applies from the day you start work.
If you have worked for your employer for 26 weeks by the end of the 15th week before the expected week of childbirth and earn over £82.00 per week, you shoul receive Statutory Maternity Pay for the first 26 weeks and you will be entitled to a second 6 months unpaid maternity leave, if you want it. This applies from the day you start work. Most women who have worked for their employer for less time, or who earn less, will be able to claim Maternity Allowance from Jobcentreplus. If you are sacked for maternity reasons you will be able to claim unfair dismissal and sex discrimination. You may be able to negotiate a returnfrom maternity leave to part time working, take advice if your employer refuses. Partner will receive Paternity Leave and Statutory Paternity Pay if they have been employed for 26 weeks by the ned of the 15th week before the baby is due. Adoptive parents have similar rights. parents who have a year's service and a child under 5 (or a disabled child under 18) can take some unpaid parental leave. THose with a child under 6 (or a disabled child under 18) can apply for flexible working butif your employer does not agree, get advice as the rules are complicated..
From the day you start work you also have the right to reasonable time off to look after dependents in an emergency, including birth and death. If you are sacked for maternity reasons you may be able to claim sex discrimination - get advice immediately, as you may be able to take your case to an Employment Tribunal.
You have the right not to be discriminated against on the grounds of race, sex (see above) or disability
If you have worked for an employer for at least one calendar month, you have the right to notice if dismissed, except in case of gross misconduct.
If you have worked for your employer for one year or more you have the right to written reasons for dismissal. Women who are pregnant or on maternity leave are entitled to written reasons without having worked for any particular length of time.
You can usually claim unfair dismissal only if you have discriminated against or been dismissed for asking for your legal rights. Employers now have to give you a letter saying what you have done wrong and hold a meeting, giving you a chance to defend yourself for dismissing you and let you appeal after. If you have been sacked or dismissed unfairly, get advice.
If you are disciplined at work, you now have the right to be accompanied by a Trade Union representative or colleague.
You have the right to claim statutory redundancy pay if you are made redundant. You will have had to have worked for the employer for two years since the age of 18. If you are sick and earn above £87 per week, you will be entitled to statutory sick pay of £72.55 per week (these wfigures will change in April 2008)
If you have a problem with your employer that you might need to take to an Employment Tribunal you will be allowed to do so if you have tried to resolve it by raising a grievance with your first. Your contract may give you better terms than the legal minimum.
You have the right not to suffer any hardship or dismissal for 'blowing the whistle' on a public concern at the workplace
A person may also have additional rights which may be set out in his/ her contract.
Advisory Conciliation and
Arbitration Service (ACAS) Enquiry Line
0845 747 4747 will be able to provide you with information
regarding the law and employment issues. They will automatically
be involved if you take a case to an Employment
Tribunal (ET).
The
Employment Tribunal Enquiry Line 08457 959
775 will provide help with general enquiries, such as
the appropriate ET office, what conditions qualify you
to bring a case to an ET, time limits etc.
The Act sets out certain rights for young people. The Local
Authority, which may include the housing or social services
departments, has a duty to provide services to young people
under the age of 18 who are assessed as being 'in need'.
You might be 'in need' because you are homeless or have
a disability. The best thing to do is to ask your Social
Services Department
(see 'you and your rights' local addresses drop down menu at the top of this page)for an assessment.
You have a right to an assessment if you are under 18.
If you have left care, the Local Authority has a duty to
offer advice, assistance and befriending up to the age of
21 and in some cases, older if the young person is in training
or education. A new law, The Children (Leaving Care) Act
2000
has increased the local authority's duties to give more help
and support to young people leaving care. Ask your local
social
services team for more information about this law. (see 'you
and your rights' local addresses drop down menu
at the top of this page)
You also have the right to complain under the Children Act,
if you feel you have not been treated fairly.
Your local Social Services office or housing advice centre
can provide further information (see 'housing' local addresses drop down menu at the top of this page)
All the above organisations, as well as your local Social
Services Department (see 'you and your rights' local addresses drop down menu at the top of this page),
will have other leaflets and booklets to help you. Guides
for children and young people about the Act, Local Authority
duties and responsibilities and the courts are available
by
writing to:
The Children Act
Freepost (BS 528 / 82)
Bristol
BS3 3YY.
Disabilities
Many people have an impairment of some kind which affects
the way they live their lives. This could be physical, a learning
disability, a mental health problem or sensory (sight or hearing).
It is unlawful to discriminate against disabled persons in
connection with their employment, provision of goods, facilities
and services or in selling or renting land or property. Disabled
people should also have the same opportunities as non disabled
people to benefit, wherever possible, from education and training.
If you are subject to unlawful discrimination connected with
your employment, you may make an application to the Employment
Tribunal, otherwise you may apply to court in order to obtain
compensation or other remedies.There are many organisations
which work with or give help to disabled people.
For information about these organisations you could contact
the: