Your Rights at Work
This page is designed to give you information about your legal rights at work and organisations that can support you with practical advice around employment.
What are your rights at work?
If you’re classed as a "worker" (which most people in the hospitality and tourism industry are), you’re entitled to:
National Minimum Wage
You must be paid at least the legal minimum hourly wage for your age group.
Paid Holidays
You have the right to take time off work and still get paid. If you work full-time, this usually means you get 28 days off a year, including bank holidays. If you work part-time, you'll get a smaller amount based on how many days or hours you work. You can check exactly how much holiday you’re entitled to by clicking here.
Rest Breaks
If you work more than six hours a day, you have the right to a 20-minute rest break. You’re also entitled to time off between shifts and at least one day off per week.
Protection Against Discrimination
Your employer cannot treat you unfairly because of your age, gender, race, disability, religion, or other protected characteristics.
A Safe Workplace
Your employer must ensure your workplace is safe, and they must take steps to protect your health and well-being.
Pensions
Your employer must automatically enrol you into a pension scheme and make contributions to your pension if you’re eligible for automatic enrolment.
If you have concerns about your workplace pension scheme you can contact The Pension Regulator.
Maternity / Paternity Pay
When you’re a new parent or you’re expecting a baby you have extra rights at work. You can find out more about maternity and paternity rights here.
Tips
Your employer must pass on tips without deductions, other than usual tax and National Insurance deductions.
They must also share these tips between employees in a fair and transparent way.
Sick Pay
After a certain qualifying period, you may be entitled to statutory sick pay if you fall ill. Check resources like Citizens Advice Scotland or your local Citizens Advice Bureau (CAB) to learn more about your rights.
Specific Rights on Zero-Hours Contracts
If you’re on a zero-hours contract (where you don’t have guaranteed hours of work):
Flexibility
You are not obliged to accept every shift offered to you. This means you can say no if you’re not available.
Pay for Hours Worked
You should only be asked to work when needed and must be paid for all the hours you work, including training or waiting at work (if required by your employer).
Holiday Pay
Your holiday pay builds up depending on the hours you work. The more you work, the more holidays you earn. You can check exactly how much holiday you’re entitled to by clicking here.
No Exclusivity
our employer cannot stop you from working for other companies unless they have a good reason (and it must be in your contract).
What is Fair Work?
Fair work is all about creating a positive, equitable work environment where employees feel valued, respected, and secure.
It balances the rights and responsibilities of employers and workers.
It generates benefits for individuals, organisations and society.
The concept of fair work in Scotland stems from the Fair Work Framework 2016, developed by the Fair Work Convention.
The framework identifies five key dimensions of fair work: effective voice, opportunity, security, fulfillment, and respect, all of which are crucial for building high-performing, innovative workplaces.
You can find out more here.
If Something Feels Wrong
If you think your rights are not being respected, organisations below like Citizens Advice or ACAS can help. You can also talk to your employer or manager if something isn’t clear or feels unfair.
Your rights are there to protect you, so don’t hesitate to ask for support if you need it.
Explore the links below to find organisations that can support you with practical advice around employment.
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ACAS
ACAS gives employees and employers free, impartial advice on workplace rights, rules, and best practices. They can also offer training to help solve workplace disputes.
ACAS is an independent public body and can help you with information relating to topics such as contracts, pay, holidays, sickness leave, and wellbeing at work.
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Citizens Advice Scotland
Citizens Advice is an independent organisation that offers confidential information on a variety of topics like legal and housing issues. They also offer lots of useful information regarding your employment rights, redundancy, and safety at work.
The services of Citizens Advice Scotland are free to use for everyone.
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Trade Unions
A trade union is an organisation with members who are usually workers or employees. Anybody has the right to join a union regardless of whether their employer formally recognises trade unions or a union organises within their workplace. Unions support their members by, for example: negotiating agreements with employers on pay and conditions and discussing big changes such as redundancy.
You can find more information about how you can join and benefit from trade union membership below:
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The Worker Support Centre
The Worker Support Centre (WSC) works to ensure workers are treated with respect and dignity and to prevent labour abuse and exploitation.
WSC provide direct support, advice, and advocacy to workers, and we engage in worker-led policy change activities.
Information provided by WSC might be especially relevant for those undertaking seasonal work and migrant workers.