Complete Guide to Employment Rights in the UK
Understanding your workplace rights and what to do if they're breached
Your Basic Employment Rights
UK employment law provides significant protection for workers and employees. From day one of employment, you're entitled to receive a written statement of employment terms, the national minimum wage, protection from unlawful discrimination, working time protections including rest breaks, and the right to a safe working environment.
After building up service, additional rights become available. After one month, you're entitled to minimum notice periods. After two years of continuous employment, you gain protection against unfair dismissal and the right to statutory redundancy pay. Understanding these qualifying periods is crucial when assessing your options.
It's important to understand the difference between an employee and a worker. Employees have the fullest range of rights, while workers (who have more flexibility over when and how they work) have fewer protections but still receive important rights like minimum wage and holiday pay. Self-employed individuals have the least statutory protection, though some may actually be workers or employees despite their contract label.
Unfair Dismissal
Unfair dismissal occurs when your employer terminates your employment without a fair reason or without following a fair procedure. To claim unfair dismissal, you typically need two years of continuous employment, though some dismissals are automatically unfair regardless of service length.
Fair reasons for dismissal include capability (you can't do the job), conduct (you've behaved inappropriately), redundancy (the job no longer exists), a statutory restriction (continuing to employ you would break the law), and some other substantial reason. Even with a fair reason, the employer must follow a fair procedure, which usually means investigating properly, giving you a chance to respond, and considering alternatives to dismissal.
Automatically unfair dismissals include those related to pregnancy or maternity, whistleblowing, asserting a statutory right, trade union membership or activities, and refusing to work in unsafe conditions. These protections apply from day one of employment. If you're dismissed for one of these reasons, you can bring a claim regardless of your length of service.
Discrimination at Work
The Equality Act 2010 protects employees from discrimination based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Protection applies throughout employment, from recruitment to termination.
Discrimination can take several forms. Direct discrimination is treating someone less favourably because of a protected characteristic. Indirect discrimination occurs when a policy applies to everyone but disadvantages people with a particular protected characteristic. Harassment is unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment. Victimisation is treating someone badly because they've made or supported a discrimination complaint.
Employers must make reasonable adjustments for disabled employees to remove disadvantages they face compared to non-disabled colleagues. This might include physical changes to the workplace, flexible working arrangements, or providing additional equipment or support. Failure to make reasonable adjustments is itself a form of discrimination.
Redundancy Rights
Redundancy occurs when your employer needs to reduce their workforce because the business is closing, the workplace is closing, or fewer employees are needed to do work of a particular kind. If you have at least two years of service, you're entitled to statutory redundancy pay: half a week's pay for each full year of service under age 22, one week's pay for each year between 22 and 41, and one and a half weeks' pay for each year aged 41 or over.
Your employer must follow a fair procedure when making redundancies. This includes consulting with affected employees, using fair selection criteria, and considering alternatives to redundancy such as redeployment. If 20 or more employees are being made redundant within 90 days, collective consultation requirements apply, and the employer must notify the government.
You may have a claim if you weren't genuinely redundant, if you were unfairly selected, or if proper procedures weren't followed. You're also entitled to reasonable time off to look for a new job or arrange training during your notice period.
Employment Tribunal Claims
If you believe your employment rights have been breached, you may be able to bring a claim to the Employment Tribunal. Before you can submit most claims, you must notify ACAS and go through early conciliation, which gives both parties an opportunity to resolve the dispute without tribunal proceedings.
Strict time limits apply to employment claims. Most claims must be submitted within three months minus one day from the act complained of (such as dismissal or the last act of discrimination). The early conciliation process extends this slightly, but missing the deadline can mean losing your claim entirely, so seek advice promptly.
At the tribunal, you can represent yourself or use a solicitor or barrister. Costs are not normally awarded, so even if you lose, you usually won't have to pay your employer's legal fees (though this can change if a claim is conducted unreasonably). Remedies include compensation, reinstatement, or re-engagement, though compensation is by far the most common outcome.
When to Consult an Employment Solicitor
While some workplace issues can be resolved informally or through your employer's grievance procedure, legal advice is valuable in many situations. Consider consulting a solicitor if you're facing dismissal or have been dismissed, if you're experiencing discrimination or harassment, if you're being offered a settlement agreement, or if you're unsure about your rights.
Settlement agreements (formerly called compromise agreements) are legally binding agreements that resolve employment disputes, usually in exchange for a compensation payment. You cannot sign a valid settlement agreement without receiving independent legal advice, and your employer will typically contribute towards this cost. A solicitor can advise whether the terms are fair and negotiate improvements.
Employment solicitors can advise on the strength of your case, help you navigate procedures and time limits, negotiate with your employer, and represent you at tribunal if necessary. Many offer free initial consultations, and some work on a no-win-no-fee basis for strong cases. The cost of advice is often outweighed by achieving a better outcome.
Frequently Asked Questions
Disclaimer: This guide provides general information about the law in England and Wales. It is not legal advice and should not be treated as such. Every situation is different, and you should consult a qualified solicitor for advice specific to your circumstances.