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Working in the UK

Mon, 15 Aug 2011 12:19:12 +0100

The UK's IT industry offers great opportunities for workers from abroad. But you'll need to plan ahead before you enter the country. Depending on where you come from, you'll need a work permit and possibly a visa to work in the UK.

Visas for non-EEA citizens

A visa gives you permission to enter the country. It's different from a work permit, which gives you permission to work once you've arrived. If you're not a citizen of one of the European Economic Area (EEA) countries, you may need a visa to travel here. If you're not sure whether your country is part of the EEA, you can find a list at Directgov.

To get a visa, you'll need to apply at a British Overseas Mission in your country. Your 'entry clearance certificate' (visa) will be inserted into your passport or travel document.

Work permits

If you're from the European Economic Area (EEA) or Switzerland, you can work in England, Scotland, Wales and Northern Ireland without a work permit.

If your country's joined the EU, you may need to register when you start work (Worker Registration Scheme)
If you're from Bulgaria or Romania, you may need to apply for permission before you start work - see below.

If you're not from the EEA, you must get a permit to work in the UK.

How to get a work permit

If you're from a country outside the EEA or Switzerland, you'll need to apply under the points-based system (PBS), which manages migration for those wishing to enter the UK for work or study. You must have a job offer from a licensed sponsor and a valid certificate of sponsorship.

Permits are usually only given to people with specialist skills or qualifications. There are a few exceptions (see Exceptions for non-EEA nationals).

Your employer must apply for your work permit. Employers need a sponsor licence to bring workers into the country from outside the EEA. They will be checked out by the UK Border Agency and will have to sign up to certain duties. They shouldn't apply more than six months or less than four weeks before the permit is needed.

The documentation you'll need includes:

A passport issued in your country of origin
Your birth certificate
Proof of your qualifications and references
Copies of any previous work permits
Your entry visa

Worker Registration Scheme

European Community law allows you to live in the UK if you're an EEA citizen working here or with enough money to support yourself without public funds. You'll normally have to register under the Worker Registration Scheme if you wish to work for more than one month and are a citizen of:

Czech Republic
Estonia
Hungary
Latvia
Lithuania
Poland
Slovakia
Slovenia

You don't need to register if you:

Are self-employed (but you must contact HM Revenue & Customs immediately to register for tax)
Have been working legally in the UK for 12 months without a break in employment
Are providing services in the UK on behalf of an employer who's not established in this country
Have dual citizenship of the UK, another country within the EEA not listed above (or Switzerland)
Are related to a Swiss or EEA citizen (except the countries above) who's working in the UK
Are related to a Swiss or EEA citizen living in the UK as a student, or as a retired or self-sufficient person

Exceptions for non-EEA nationals

Certain categories of worker don't require work permits, including:

Commonwealth citizens with at least one grandparent born in the UK
Commonwealth citizens with at least one parent who is or was a British citizen

Non-EEA nationals who study full-time in the UK for more than six months are allowed to work part-time during term time, and full-time during holidays.

Renewing your work permit

Your work permit can last for up to two years. You'll need a new permit if you change jobs.

What is the Youth Mobility Scheme?

The Youth Mobility Scheme is for young people from participating countries who'd like to visit the UK and experience our culture and everyday life.

If you're from one of these countries, you may be able to come to the UK through this scheme. Your national government will be your sponsor – participating countries include:

Australia
Canada
Japan
New Zealand

*The information on these pages is provided for your information and reference only. Before making any important decisions regarding your employment or any legal matter, you should consult a qualified professional adviser who can provide specific advice based on your individual position.

Further links:

- UK Border Agency
- UK Border Agency: visa services
- Directgov: European workers in the UK
- Directgov: Permission to work in the UK

- Search for IT jobs

Sick pay

Tue, 31 May 2011 16:40:46 +0100

It’s important to check any new employment contract for details of your sick pay entitlement. All employers are bound by law to pay the Government minimum (known as Statutory Sick Pay (SSP). Most employers offer a more generous sick pay scheme, usually equal to your standard salary for at least the first three months of sick leave.

Note that sick pay does not cover 'duvet days': you shouldn't look at your sick pay entitlement as extra holiday allowance.

The Disability Discrimination Act is designed to improve the rights of people with disabilities, but also affects the way employers deal with staff suffering from a long term illness which occurs during their term of employment.

We've made it simple for you; here are some of the most frequently asked questions:

What is Statutory Sick Pay?

If you’re absent from work for a period of four days or more, your employer is required to pay you the minimum amount known as Statutory Sick Pay (SSP). Your contract of employment may lay out terms that exceed this amount; this is known as contractual sick pay.

Abuse your contractual sick pay and you could find yourself getting just your SSP, so don't take the mickey if you have an employer nice enough to pay the extra — no matter how tempted you are.

For information on the latest regulations and rates of SSP, visit the Department for Work and Pensions website.

How long do I have to be off work before I qualify for SSP?

Once you have been absent for work for four or more consecutive calendar days, you qualify for SSP (this includes weekends and Bank Holidays). After a qualifying period which should be stipulated in your contract of employment, Statutory Sick Pay is payable for up to 28 weeks. Within this 28-week period, an employer can stop sick pay should you return to work or resign from your job.

Can the employer refuse to pay?

In a nutshell, no. However, you could lose some or all of your sick pay if you don't immediately inform your employer of any illness, unless you have a good reason not to. A good reason like being run over by a bus; being unable to speak due to an incapacitating hangover doesn’t count.

Am I entitled to see my sickness absence records?

Yes, you certainly are. New legislation brought in under the Data Protection Act means that you’re entitled to see your own absence records. It's always a good idea to ask, and if you're a career sick-noter it might just be the wake up call you need.

Further links:

- Bullying at work
- Sick pay
- Working hours
- Employment contracts

- Find an IT job

Disclaimer: the information on these pages is provided for your information and reference only. Before making any important decisions regarding your employment or any legal matter, you should consult a qualified professional adviser who can provide specific advice based on your individual position.

Employment contracts

Tue, 31 May 2011 16:40:01 +0100

Contract law can be tricky. Once you accept an offer of employment, you’re technically entering into a contractual relationship with your employer .. On or prior to the start of your employment, you should receive a written contract outlining the terms of your engagement. This should include the rights and obligations governing the relationship.

There are certain terms that, although they might not be put in writing, are implied in a contract. So it's best to get yourself up to speed as soon as you can. Such terms include mutual trust and confidence. If either you as the employee, or your employer breaches any of these terms, the other party can claim compensation for breach of contract. This includes you signing a new job, then changing your mind when a better offer comes along. Actions governed by such terms include the theft of confidential information or a change to your working hours without prior consent.

Some of the more common questions asked about employment contracts are covered below:

Am I legally entitled to written contract employment?

According to the Employment Rights Act (1996), all employees are legally entitled to a written statement of the terms of their employment. This must be received within two months of starting a new job.

The contract must include information such as the names of the employer and the employee, job title, the date the employment started (if this is a contract position, the date the contract ends should also be included), the work location, the amount and frequency of pay, working hours, holiday entitlement, sick pay, pension details and any required notice period.

You should also get a staff handbook, which will deal with other aspects of your employment contract, such as disciplinary and grievance procedures. It’s now common practice to publish this information on a company intranet. It should be one of your first ports of call when you start a new job. And yes, we mean reading up on this before having a laugh at the mugshots of senior management.

What else should I look for in my employment contract?

Employers are entitled to add other restrictive clauses to your contract. For example, a clause preventing you from working within the same group of organisations once you leave.

If you hold a senior or key position, or if you intend to leave to go and work for a competitor, a “gardening leave” clause may be included. In this case, the employer can stop the employee from coming into work during the notice period to prevent the removal of sensitive information. This is a good thing though — you still get paid during this period so you can look at it as free holiday time!

Can the terms of the contract be changed without my consent?

No, basically(good to have a simple answer once in a while isn't it?). The employer cannot change the terms of your employment contract without your prior consent. If the employer imposes any such changes, they are in breach of contract.

Can I be dismissed if I refuse to accept new contract terms?

No. Twice in a row, see? Again, the employer would be liable for breach of contract or subject to a claim of unfair dismissal if they fail to follow the correct procedures.

If there are no appropriate reasons for terminating your contract you’re entitled to take them to a tribunal if you believe you have been dismissed unfairly. Remember, we said 'appropriate'. Should this be the case, you must complain to an employment tribunal within three months of dismissal as long as you have at least one year of continuous service.

Useful Links

• For further advice on contractual issues, speak to a solicitor or your local Citizens Advice Bureau.

Further links:

- Working hours
- Sick pay
- Bullying at work
- Discrimination laws

- Find an IT job

Discrimination laws

Tue, 31 May 2011 16:38:42 +0100

Discrimination laws exist to protect you against discrimination (direct and indirect) during both the recruitment process and the term of your employment.

What do you mean by 'direct and indirect discrimination'? What's the difference?

OK, it's like this: direct discrimination is where workers or jobseekers (i.e. you) are treated less favourably on the grounds of race, gender, sexual orientation or age, for example.

Indirect discrimination happens where there are criteria, policies, rules or practices in place which put certain individuals at a disadvantage. It might not be deliberate discrimination — and it often isn't — but it’s still illegal.

Sex Discrimination Act 1975 (SDA)

The Sex Discrimination Act preventsemployers and recruiters from treating prospective employees differently on the basis of gender or marital status. The same regulations come into play in the case of pregnancy or sexual harassment and the law also covers contract workers and temporary employees.

There are some exceptions which allow employers to apply restrictions under the Genuine Occupational Qualification (GOQ). This allows employers to restrict applications dependent on the essentials of the job, for example, advertising for a female to model women’s clothes.

Employment Equality (Sexual Orientation) Regulations 2003

It’s unlawful for any employer to discriminate on the grounds of sexual orientation. The law covers the entire employment process from recruitment to employment and training and covers everyone regardless of whether an individual is heterosexual, gay, lesbian, transgender or bisexual..

Race Relations Act 1976 (RRA)

Employers cannot discriminate on the grounds of race, colour or nationality (this also applies to citizenship, ethnicity and national origin). An amendment to the Race Relations Act in 2000 requires public authorities prove they do not discriminate, even if their functions are carried out by a private business.

The Employment Equality (Religion or Belief) Regulations 2003

It’s illegal for employers to discriminate on the grounds of an individual’s religion or beliefs. Under these regulations, staff must be given the right to request annual leave to coincide with religious festivals.

The Employment Equality (Age) Regulations 2006

These regulations, which came into effect from October 1st 2006, make it illegal for an employer or recruiter to discriminate on the basis of age. This appliesnot only to the recruitment process, but also to promotion and training opportunities.

The regulations also introduced new retirement procedures, meaning that employers must enter into a 'constructive dialogue' should an employee wish to continue working beyond retirement age. In addition, the age limit for unfair dismissal and redundancy rights was also removed.
What can I do if I think I have been discriminated against during the recruitment process?

If you think you have been discriminated against during the job hunting process, youu’re entitled to take action. The main issues to contest are:

• Unfair selection criteria
• Reasons for not being shortlisted for a position where you meet the job requirements
• Being bypassed for a promotion
• Being refused a post or apprenticeship
• Receiving demeaning or inappropriate treatment at interview

Should you wish to contest any of the above, you have to be prepared to go through a complicated process. You'll need to provide written evidence and lodge your grievance within three months of the alleged discrimination taking place. If you believe you’re a victim of discrimination you should immediately seek advice from an expert.
Where can I find out more?

• For more specific advice on any discrimination issues, speak to a solicitor or your local Citizens Advice Bureau
• The Equal Opportunities Commission carries information on sexual discrimination and equal pay legislation.
• Stonewall is a government funded charity dedicated to lobbying parliament on gay, lesbian, transgender and bisexual equality issues.
• The Commission for Racial Equality website has information on race discrimination legislation including case studies for employees and employers.

Futher links:

- Employment contracts
- Bullying at work
- Sick pay
- Working hours

- Find an IT job

Working hours

Tue, 31 May 2011 16:06:22 +0100

Workaholic? Time to listen up. Working Time Regulations came into force in 1998. Unfortunately, the regulations are complicated and, while they do give employees rights to basic entitlements including holiday pay and time off, they don't necessarily apply to everyone and can be opted out of by various contractual agreements.

The most common questions about working hours and entitlements are answered below.

OK, so what is a 'working week'?

According to the regulations, the average working week should not exceed 48 hours. This is a guideline average and not a limit. Every employee is entitled to a 20-minute break in a six-hour working day and a rest period of eleven hours in every twenty-four, as well as the right to one day off every weekend and four weeks of paid leave per annum. Leave is paid pro rata for part-time workers. So don't take your nice long client lunch for granted.

'Working time’, not sure what you mean?

Working time is the time spent at a workplace carrying out the duties specified in your contract of employment, as well as any time spent travelling to clients, conducting meetings on site and any training you are required to undertake.

As nice as it would be, time spent travelling to and from your place of work is not counted as working time, nor is time you spend on call but not necessarily working (so working from home keeping an eye on servers and load balancers might not count) or time spent travelling to meetings away from your normal place of work.

Is everyone covered?

No. Working Time Regulations don’t apply to you if you’re self-employed, running your own business or working freelance for various different clients or customers. Sorry.

Workers in some sector-specific roles are also not subject to the regulations because they're covered by other provisions, for example, cabin crew.

Workers in the Armed Forces, the police and other emergency services are also outside the scope of these regulations in certain circumstances.

What if I work night shifts?

If you work nights, the regulations covering you are slightly different. On average, you’re limited to working eight hours in every twenty-four and if your work is hazardous or involves physical or mental strain you shouldn’t exceed eight hours of working time at all. Note: calculating clock speeds or creating complex boolean string queries does not count as mental strain!

If working in any of these conditions is found to be affecting your health in any way, your employer must transfer you to a suitable alternative.

What if I want to work longer hours?

You can waive your rights to the standard Working Time Regulations, but you must do this in writing which can either be for a pre-defined period or if you wish, waived indefinitely. Your employer can agree with you to waive or modify all rights under the regulations, with the exception of annual leave and you must have the opportunity to opt back in to the regulations should you wish to do so. Basically, the ball's in your court.

While annual leave entitlement can't be restricted or modified, your employer can restrict the times you are allowed to take this leave, as well as the amount of annual leave you take at any one time and the amount of notice you’re required to give in order to take such leave.

If you plan to go backpacking around Peru for a few weeks over Christmas, you might want to check in advance if this is allowed.

Can my employer sack me or take any other action if I refuse to opt out?

No. Your employer can't force you to opt out, nor can they dismiss you for refusing to do so. It is illegal for an employer to dismiss you on such grounds or to cause you other detriment – for example denying you a pay rise or promotion.

Further links:

- Bullying at work
- Discrimination law
- Employment contracts
- Sick pay

- Find an IT job

Bullying at work

Thu, 11 Feb 2010 09:43:51 Z

OK, it's time to get serious for a moment. Bullying in the workplace is a sensitive and difficult issue, but the rules surrounding it can be hazy and open to interpretation.

It can be easy to dismiss if it's not you who's the butt of jokes, but if you feel you’re being bullied at work, you should get familiar with your employer’s policies on the subject. Consult your HR department for advice prior to making an official complaint and ask a solicitor for advice relevant to your specific situation. Yep, it really is THAT serious.

Anti-bullying charity the Andrea Adams Trust advises anyone who believes they are a victim of workplace bullying to keep a detailed record of all occurrences. Keep a diary of every incident —verbal or physical, and save hard copies of reports or emails you consider harsh or offensive. This evidence is vital if you want to make a formal complaint.

The most common questions raised on the subject are covered below:

What is bullying?

You’re probably being bullied if you’re suffering abuse, physical or verbal violence, humiliation or having your confidence deliberated undermined. Bullying can be any of the following:

Being picked on all the time
Regularly being treated unfairly or differently from your colleagues
Being humiliated in front of your colleagues
Being blamed for problems that aren’t your fault
Always being given too much to do
Regularly being threatened with the sack
Being unfairly passed over for promotion or training
Suffering physical or verbal abuse

Is there legislation to prohibit bullying?

Yes. Protection from bullying and harassment in the workplace is provided under the Protection from Harassment Act 1997 and gives civil and criminal protection to the victim. In addition, victims of bullying can claim under the discrimination laws if the harassment takes place on grounds of their race, sex, disability, age, religion or sexual orientation.

Are employers doing anything about bullying?

Employers take instances of workplace bullying much more seriously these days. Many have implemented a policy of zero tolerance which can be found in employee handbooks or on intranets.

How do I know the difference between a bully and a tough manager?

Your manager should be ‘tough but fair’. They may criticise you, but it should be constructive criticism aimed at motivating you to improve. A manager who enforces targets or ideas without discussion could be deemed a bully; the same goes for deliberate criticism conducted in front of other members of your team and designed to belittle you.

Advice and support

Sometimes even following a formal grievance procedure doesn’t solve a problem.

If you’re a member of a trade union, you can get help, advice and support from them. The Advisory, Conciliation and Arbitration Service (Acas) also offers free, confidential advice, or you could contact the National Bullying Helpline on 0845 22 55 787.

You can think about legal action if your employer hasn’t helped you, which could lead to an Employment Tribunal. If you’ve left your job because of bullying, you might be able to claim unfair (constructive) dismissal. But you must get professional advice before taking either of these steps, from a lawyer or other professional who specialises in this field.

Useful links

For more specific advice on workplace bullying, speak to a solicitor or your local Citizens Advice Bureau.
The Andrea Adams Trust provides a professional source of information, consultancy advice and help.
Directgov: Employment Tribunals
Directgov: Grievance procedures
Directgov: Bullying in the workplace

Further links:

- D iscrimination law
- Employment contracts
- Sick pay
- Working hours

- Find an IT job