If you're a UCATT member and need advice, call 0800 262 467 or email info@ucatt.org.uk quoting your membership number.

Employment Rights

Looking After Your Employment Rights

The nature of the industry we all work in means that disputes are bound to arise. After all, few of us enjoy the security and benefits you would expect if you had a nine to five office job or a career in the bank. That's why UCATT membership is essential for everyone in construction and allied trades: because some employers will abuse your rights, and without UCATT behind you, it can be a much harder job to assert your rights and get the pay, conditions and respect that you deserve. This page tells you about just some of the areas of employment rights UCATT can help its members with.

Key Employment Rights Issues

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Job Seeker’s Allowance

Qualifying for Job Seeker’s Allowance

If you become unemployed and are looking for work you should be entitled to receive Jobseeker’s Allowance (JSA) which replaced Unemployment Benefit in October 1996.

To qualify for Job Seekers Allowance you must meet the following criteria:

be unemployed or working on average less than 16 hours a week. If you are claiming income-based JSA and you have a partner, your partner must be working no more than 24 hours a week (unless you are in one of the excepted groups)

  • be available for work
  • have entered into a Jobseeker's Agreement with the Employment Service.
  • be actively seeking work by, for example, making job applications and preparing a CV
  • be capable of work, and actively seeking employment
  • be under state pension age
  • not be receiving relevant education; and
  • be in Great Britain

To qualify for Contribution-based JSA you must, in addition to the conditions set out above, satisfy certain conditions regarding National Insurance contributions.

If you qualify, you will be entitled to this benefit for just six months after which you will be obliged to transfer to Income-based JSA.

Entitlements

The weekly Contribution-based JSA rates are currently:

16 to 24 £47.95

25 and above £60.50

There may be reductions to this amount if you work part-time (less than 16 hours a week) or you receive an occupational or personal pension of more than £50 a week.

Other types of income or capital do not affect your right to Contribution-based JSA.

Income-based JSA

If your entitlement to Contribution-based JSA runs out because you have been unemployed for over 6 months, or if you cannot manage on the benefit you could be entitled to Income-based JSA, which is based on the needs of you and your family. The "applicable amount" that you will be entitled to therefore depends on your circumstances, and in addition you may receive Housing Benefit and Council Tax Benefit.

When to Claim

You should claim JSA on the first day that you are out of work as you will not normally receive any payment until you make a claim. There is a three-day qualifying period for JSA and these "waiting days" will not begin until you make a claim.

Payments affecting a claim

If you are receiving money in lieu of notice from your last employer you will not be entitled to JSA until such payments expire. Any redundancy payments or money in lieu of holidays are ignored and will not normally affect your eligibility to JSA.

How to claim

On the first day you are out of work you should go to your Employment Service Jobcentre to make an appointment to see an Employment Officer. You should take your P45 or your national insurance number if you do not have a P45. You will be given an ppointment for a "jobseeker’s interview" and two forms, ES1 and ES2, which you should complete and take to he interview, which will be held within 5 days.

Please contact your local jobcentre for further information.

There are very strict time limits for submitting applications to an employment tribunal. The deadline for most applications is 3 months from the incident complained about, except in redundancy cases or in equal pay claims when it is 6 months.

Check the disciplinary and grievance section for more information on time limits.

For more information contact your regional office, quoting your UCATT membership number.