Your rights, as a Care Worker, in the UK
Employment Rights
Like all workers in the UK, you have employment rights while you are working in the UK. UK rules may be different to the country where you have come from. Under UK law, as a care worker, you have the following rights:
- You must be given an employment contract.
- You must be given regular payslips that show any deductions for Tax and National Insurance if you are required to pay it.
- You must be paid a minimum of £10.75 per hour, or £20,960 whichever is higher.
- The Home Office base their minimum on a 37.5‐hour week so if you are sponsored or contracted to work more or fewer hours than this you need to make sure you still meet the minimum salary requirement on a pro‐rata basis.
- An uninterrupted 20‐minute rest break if you work more than 6 hours in a day.
- There must be at least 11 hours of rest between working days.
- You must have at least one full day off each week, or two full days every two weeks.
- You must have at least 5.6 weeks’ paid holiday per year (pro‐rated as appropriate)
- The only deductions that your employer may make from your salary are Tax, National Insurance, Pension, and accommodation costs where your employer provides this to you. Deductions for any other costs must be with your agreement. All deductions must be shown on your wage slip detailing what the deductions are for.
Sponsorship costs paid by your Employer
- Sponsor licence cost
- Certificate of Sponsorship cost
- Immigration Skills charge
Sponsorship costs paid by you, the Employee
- A UKVI visa fee
- Immigration Health Surcharge
- Any fees to expedite the issuing of your UKVI visa
An Employee cannot be asked to repay any of the costs listed that the Employer must pay.
If the Employer is found to have made the Employee pay for these costs, it is likely to result in the UK Home Office taking action against the Employer, such as suspension or revoking of their licence.
If your Employer has their sponsorship licence suspended, you can keep working and your rights are unaffected until the suspension is removed.
If your Employer has their sponsorship licence revoked your Certificate of Sponsorship is cancelled, and you have 60 days from the cancellation date to leave the UK unless you find a new sponsor and make a new visa application to stay in the UK.
Additional Working
You are permitted to take on additional work (including voluntary work) for up to 20 hours per week provided you are still employed and undertaking your main sponsored role and must be either in the same occupation code and job level as your main sponsored job or be a role that is on the Shortage Occupation List.
