Staff rights

Staff have extensive legal rights, embodied in general employment and discrimination law. These are summarised in the Handbook to the NHS Constitution. In addition, individual contracts of employment contain terms and conditions giving staff further rights.

The rights are there to help ensure that staff:

Have a good working environment with flexible working opportunities, consistent with the needs of patients and with the way that people live their lives

1. To fair treatment regarding leave, rights and flexible working and other statutory leave requests relating to work and family, including caring for adults that you live with.

2. To request other 'reasonable' time off for emergencies (paid and unpaid) and other statutory leave (subject to exceptions).

3. To expect reasonable steps are taken by the employer to ensure protection from less favourable treatment by fellow employees, patients and others (e.g. bullying or harassment).

What this right means

The source of this right

Have a fair pay and contract framework

To pay; consistent with the National Minimum Wage or alternative contractual agreement. To fair treatment regarding pay.

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The source of this right

Can be involved and represented in the workplace

1. To be accompanied by either a Trade Union official or a work colleague at disciplinary or grievance hearings in line with legislation, your employer's policies or your contractual rights.

2. To consultation and representation either through the Trade Union or other staff representatives (for example where there is no Trade Union in place) in line with legislation and any collective agreements that may be in force.

What this right means

The source of this right

Have healthy and safe working conditions and an environment free from harassment, bullying or violence

To work within a healthy and safe workplace and an environment in which the employer has taken all practical steps to ensure the workplace is free from verbal or physical violence from patients, the public or staff, to work your contractual hours, take annual leave and to take regular breaks from work.

What this right means

The source of this right

Are treated fairly, equally and free from discrimination

To a working environment (including practices on recruitment and promotion) free from unlawful discrimination on the basis of race, gender, sexual orientation, disability, age or religion or belief. 

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The source of this right

Can raise an internal grievance and if necessary seek redress, where it is felt that a right has not been upheld

1. To have disciplinary and grievance procedures conducted appropriately within internal and legal requirements.

2. To appeal against wrongful dismissal.

3. If internal processes fail to overturn a dismissal, you have the right to pursue a claim in the employment tribunal, if you meet required criteria.

4. To protection from detriment in employment and the right not to be unfairly dismissed for 'whistle blowing' or reporting wrong doing in the work place.

What this right means

The source of this right

Have employment protection (NHS employees only)

You have a right to employment protection in terms of continuity of services for redundancy purposes if moving between NHS employers.

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Can join the NHS Pension Scheme (NHS employees and some other groups e.g. GPs)

You have rights relating to the ability to join the NHS Pension Scheme.

What this right means

The source of this right