Understanding your rights as an employee is essential to protecting yourself. Knowing what steps to take if those rights are ever breached can give you peace of mind. For employers, being aware of employee rights helps create a fair workplace and avoids potential legal issues down the line.
In this guide, we’ll walk you through everything you need to know about employee rights. And if you have any questions along the way, the team at DPH Legal is here to offer friendly, expert advice and support.
Content
- The Foundation of Employment Rights
- Key Employment Rights Every Worker Should Know
- Protection in the Workplace
- Family Friendly Rights
- Job Security and Termination of Employment
- Additional Rights and Protections
- Resolving Workplace Issues at DPH Legal
The Foundation of Employment Rights
The UK employment law framework is made up of statute law, case law and employment contracts. All of this regulates the relationship between employers and employees.
The main differences are:
- Statute law consists of Acts of Parliament, such as the Employment Rights Act 1996.
- Case law comes from court and tribunal rulings, which interpret and shape how statutes are applied.
- Employment contracts are specific agreements between an employer and employee, which must comply with the relevant legislation.
Key Employment Rights Every Worker Should Know
Right to a Written Statement of Employment Particulars
Employers must provide key job details on or before day one, including title, pay, hours, holidays and notice periods. This includes:
- Job title
- Pay
- Working hours
- Holiday entitlement
- Notice periods.
While not a full contract, it helps employees understand their rights and provides legal protection if disputes arise.
Working Hours and Rest Breaks
Most workers cannot be required to work more than an average of 48 hours per week. However, they can choose to opt out of this limit by signing a written agreement if they wish to work longer hours. Workers are entitled to short daily breaks, 11 hours of rest between shifts and at least one full day off each week to protect their health and well-being.
National Minimum and Living Wage requirements
Employers are required to pay employees at least the National Minimum Wage or National Living Wage, depending on age and employment status. The rates are set by the government and are reviewed annually to ensure it is fair, legal pay for their work.
Holiday Entitlement and Pay
Most full-time workers in the UK are entitled to 28 days of paid holiday per year. This includes bank and public holidays, unless stated otherwise in the employment contract.
For part-time workers, holiday entitlement is calculated on a pro-rata basis, depending on the number of days or hours they work. For example, someone who works three days a week would be entitled to fewer holiday days than someone working five.
Holiday pay should reflect a worker’s normal earnings. This includes regular overtime, bonuses or commission, if these payments are part of their usual pay.
Entitlements can differ based on your contract type, industry or age. For example:
- Workers under 18 have different legal protections and cannot opt out of rest breaks or maximum working hours.
- Certain sectors (like emergency services or armed forces) are exempt from standard holiday and working time rules.
If you’re unsure about your holiday rights, it’s a good idea to speak with your employer or seek legal advice, particularly if you’re on a zero-hours contract or work irregular hours.
Protection from Unlawful Deduction of Wages
Employers cannot make deductions from an employee’s wages unless it is required by law or agreed in the employment contract. Any other deductions, such as for damages or uniforms, must be clearly authorised in writing.
Protection in the Workplace
The Health and Safety at Work Act 1974
The Health and Safety framework is a set of fundamental laws designed to protect employees in the workplace. Employers must maintain a safe environment, provide training, conduct risk assessments and uphold a duty of care.
Protection Against Discrimination
The Equality Act 2010 protects employees from unfair treatment based on nine protected characteristics. Our article on workplace discrimination explains your rights and what actions you can take.
Harassment and Bullying Policies
Harassment linked to the nine protected characteristics is unlawful under the Equality Act 2010 and can occur in person, by email, letter or phone. Harassment can include intimidation, unfair treatment or denial of opportunities.
Whistleblowing Protection
Whistleblowing happens when a worker reports wrongdoing at work, such as fraud, health and safety breaches, or other violations. Employees, trainees, agency workers and LLP members reporting wrongdoing in the public interest are legally protected from retaliation.
Family Friendly Rights
Maternity, Paternity and Shared Parental Leave
Maternity Leave
Maternity leave allows eligible employees up to 52 weeks off work:
- 26 weeks of Ordinary Maternity Leave (OML)
- 26 weeks of Additional Maternity Leave (AML)
- Statutory Maternity Pay (SMP) is paid for up to 39 weeks: 90% of average weekly earnings for the first six weeks, then a standard government rate (or 90% if lower).
To qualify, an employee must have worked 26 weeks by the 15th week before the baby is due, and the first two weeks after birth are compulsory.
Paternity Leave
Paternity leave gives eligible employees:
- Up to two weeks off
- Statutory Paternity Pay (SPP) is paid at the standard rate or 90% of average weekly earnings, whichever is lower.
Leave can be taken within 56 days of birth, starting on any day, and eligibility requires 26 weeks’ employment by the 15th week before the due date.
Shared parental leave
Shared Parental Leave allows:
- Parents can share up to 50 weeks of leave and 37 weeks of pay, excluding the two weeks of compulsory maternity leave.
- Leave can be taken in blocks or continuously and can be taken simultaneously.
To qualify, both parents must meet work and earnings requirements and give proper notice. Shared Parental Pay is usually paid at the statutory rate for the weeks taken.
Adoption Leave and Pay
Eligible employees can:
- Take up to 52 weeks of adoption leave, starting from the placement date (or up to 14 days before for overseas adoptions).
- Receive Statutory Adoption Pay (SAP) is available for up to 39 weeks: 90% of earnings for the first six weeks, then the statutory rate.
Employees are entitled to return to the same job and are protected from unfair treatment. Eligible parents may also use Shared Parental Leave.
Parental Leave and Time off for Dependents
Employees are entitled to:
- Up to 18 weeks of unpaid parental leave per child before their 18th birthday.
- They also have the right to a reasonable time off for dependents to handle emergencies, such as sudden illness or arranging care.
These rights help employees balance work and family responsibilities without risking their job, provided they’ve worked for their employer for at least a year.
Flexible Working Requests
Employees who have worked for the same employer for at least 26 weeks can request flexible working arrangements, such as:
- Changing hours
- Working from home
- Or altering shifts
Employers must consider requests reasonably and can only refuse for valid business reasons, like staffing or cost issues.
Job Security and Termination of Employment
Protection Against Unfair Dismissal
In some cases, you may be able to take legal action if you are dismissed. A dismissal may be considered unfair if there is no valid reason or if the employer does not follow their formal dismissal procedure.
Redundancy Rights and Redundancy Pay
Employees who have worked for their current employer for two years or more may be entitled to redundancy pay. The calculation depends on age:
- Under 22: half a week’s pay for each full year worked
- Ages 22–40: one week’s pay for each full year worked
- 41 and over: one and a half week’s pay for each full year worked.
Notice Periods and Pay in Lieu of Notice
Employees must be paid as usual for any work they do during their notice period. If they are not working during this time, the amount paid depends on the type of notice they have.
Constructive Dismissal Explained
Constructive dismissal occurs when an employee is forced to resign because their employer has committed a serious breach of their employment contract.
Additional Rights and Protections
Part-time and fixed-term workers’ protections.
Part-time and fixed-term workers are protected from unfair treatment and discrimination. They are entitled to the same basic employment rights as full-time or permanent employees, such as pay, holiday and rest breaks, on a pro-rata basis if applicable.
Agency worker rights
Agency workers have the right to receive the same basic employment conditions as permanent staff if they have worked in the same role for 12 continuous weeks. This includes pay, working hours and rest breaks.
Zero-hour contracts
Zero-hour contracts give workers no guaranteed hours. However, they are still entitled to basic employment rights like minimum wage, holiday pay, rest breaks and protection from discrimination.
TUPE regulations
TUPE stands for Transfer of Undertakings (Protection of Employment). This protects employees’ rights if they transfer to a new employer. These transfers can be business transfers or a service provider change.
Resolving Workplace Issues at DPH Legal
You don’t have to navigate your employment rights alone. At DPH Legal, we’re here to provide support, guidance and expert advice whenever you need it.
