LATIN AMERICAN WOMEN IN CLEANING, HOSPITALITY AND DOMESTIC WORK: YOUR RIGHTS IN THE UNITED KINGDOM

The UK has a National Minimum Wage (NMW) and you should not be paid below this. As of 1 April 2020, you are entitled to £8.72 per hour if you are over 25 years old, £8.20 per hour if you are between 21 and 24 years old, and £6.45 per hour if you are aged 18-20. If you work overtime your employer must pay you for the additional time you have worked, and your average pay for the total of hours you have worked must not fall below the NMW. 

If you have a pre-existing condition or are feeling ill, you should not be made to work or denied sick pay.  

Those who earn more than £118 per week will be entitled to Statutory Sick Pay (SSP). You can also claim SSP if you are self-isolating because a member of your household has the virus. If you are experiencing Covid-19 symptoms you can obtain an isolation note here.  

If you miss four or more consecutive days off work due to sickness, your employer might ask you to provide proof of illness. You can self-certify your illness and will find examples of the questions you may be asked on the self-certification form here. 

If you are on a zero-hours contract and can demonstrate that you earn a minimum of £118 a week from your employer, you are also entitled to SSP. 

If you earn less than £118 a week, or are unable to provide a medical note, you may be able to claim Universal Credit.  

Important: There is no cost to those looking for diagnosis or treatment of Covid-19. This applies to all persons, regardless of their immigration status. There is no need to check migratory status for foreign people who are only being tested or under treatment for Covid-19. 

For any other health issues, you can register with a General Practice (GP), even if you are an undocumented worker. NHS Accident and Emergency services (A&E) will provide assistance for urgent health issues, and they will not charge there and then, but you may incur a debt if admitted for further care. 

If you have any healthcare needs which are not related to Covid-19 or are having problems receiving healthcare, you can contact  ‘Doctors of the World’.

Any amount deducted from your salary should be clearly stated on your payslip. It is common to have deductions for tax and National Insurance. Other deductions – for example for transport, food, or housing – may not be legal. 

Your employer may suggest you can receive less than the NMW due to money you owe them or things they are offering you such as accommodation or food. If your employer is taking money from your wages this should be detailed in a contract in a language that you understand. You have the right to question this and can get advice here. 

If you have worked for your employer for longer than a month but less than two years you should not be dismissed or asked not to go to work without a weeks notice. If your employer tells you not to come to work during your notice period they still have to pay you for it. Equally, if you have been employed with the same company for more than two years, you cannot be dismissed without a reason. 

You should not be dismissed for reporting any rights issues, such as not receiving a contract, asking for Personal Protective Equipment (PPE), not receiving the minimum wage, or discrimination.

Your hours should not be reduced without your consent and any changes to your contract must be agreed upon by you. If you are on a zero-hours contract this may not apply to you, but you can seek advice here. 

It is illegal and you should seek support if discriminated against, abused or harassed because of your country of origin, language barrier, gender, age, sexual orientation, disability, pregnancy, maternity leave, or race. 

Before starting any job, you must receive a written contract outlining the terms of your employment. This includes a clear description of what you will be doing, where and when you will be working, how much you will be paid, when you will be paid and the breaks and holiday you can take.

You may be entitled to Universal Credit if you are on low income or out of work.  

Alternatively, if you are officially registered as self-employed, you may be eligible to receive Self-Employed Income Support, which covers a maximum of 80% of your average monthly earnings over the past three years, paid in one instalment covering 3 months’ worth of earnings, and capped at £7,500. To receive Self-Employed Income Support, you must comply with the following: 

• Be an independent worker/self-employed for a company that signed up for the scheme
• Have lost income due to Covid-19
• Have filed a 2018-19 tax return as an independent worker/self-employed
• Have had commercial activity in 2019-2020 and the intention to continue working in the financial year 2020-2021
• To have a yearly income lower than £50,000 with more than half of that sum coming from self-employed activities

Your employer might decide to ‘furlough’ you but they must inform you of that decision. If this happens, you are still employed by your company, but you will get paid a percentage of your wage for any of your usual hours that you are asked not to work.  

You can be part of this scheme if you have signed a working contract and been on the payroll since 19th March 2020, or if you are unable to work due to child-care or adult-care giving responsibilities. The furlough scheme will close to new workers from 10th June 2020, so your employer will need to have furloughed you before then for you to be eligible. 

During furlough, the UK Government will pay 80% of your salary from 1st March 2020 onwards. They will pay up to a maximum of £2,500 per month.  

From 1st July 2020 you will be able to go back to work part time and your employer will need to pay your normal wage for the time you are working, with the furlough pay covering 80% of your wages for the time you are not working.