Employment law in the UK: your rights at work

If you work in the UK, employment law protects you. Whether you are employed, self-employed, or running a small team, understanding your rights and responsibilities avoids costly disputes and keeps your workplace fair.

This guide covers the main areas: what makes someone an employee, the rights that come with employment, what counts as unfair dismissal and discrimination, and how to resolve disputes through ACAS and employment tribunals.

The short version

You have a right to a written contract within two months of starting. The National Minimum Wage applies to most workers. You cannot be unfairly dismissed without two years of service (with exceptions). Redundancy requires proper process and statutory pay. Discrimination on grounds of age, sex, disability, race, religion, sexual orientation, gender reassignment, marriage, or pregnancy is illegal. If you have a workplace grievance, ACAS offers free conciliation before tribunal.

At a glance

Worker, employee, self-employed: status matters

The law draws three lines: employee, worker, and self-employed.

Employee: You have a contract of employment (written or verbal). Your employer controls how, when, and where you work. You get statutory rights: unfair dismissal protection, redundancy pay, statutory sick pay, maternity leave, and pension auto-enrolment.

Worker: You work personally (cannot send a substitute), and your employer sets the rate and hours. Examples include agency workers and some gig workers. You get some rights (minimum wage, holiday pay, discrimination protection) but not unfair dismissal or redundancy pay.

Self-employed: You are in business for yourself. You control how you work, can hire others to do your work, and invoice for your services. You get fewer statutory protections but greater flexibility. Tribunals look at the reality, not what a contract calls you.

The distinction matters because it determines which rights apply and which do not.

Written statement of particulars: day one right

Your employer must give you a written statement of key terms within two months of starting. This must include:

• Job title and duties
• Place of work
• Start date
• Salary and how it is paid
• Hours of work
• Holiday entitlement
• Notice period
• Disciplinary and grievance procedures
• Company sick pay rules (if any)

If your employer does not provide this, you can raise a grievance or claim to an employment tribunal. Many disputes arise because this statement is unclear or missing altogether.

Minimum wage and holiday pay

The National Minimum Wage applies to all workers, regardless of age or how long they have worked. Rates change annually. As of 2026, the rates are:

• Age 21 and over: the adult minimum wage
• Under 21: the younger worker rate
• Apprentices: the apprentice rate

Your employer must pay this for all hours worked, including travel time where required.

You also have a legal right to 20 days of paid holiday per year (for full-time staff, calculated pro-rata for part-time). This is a statutory minimum; many employers offer more. You accrue holiday from your first day. On leaving, your employer must pay holiday you have accrued but not taken.

Unfair dismissal: the 2-year rule and exceptions

You can claim unfair dismissal only if you have two years of continuous service. But there are critical exceptions where no service period applies:

• Discrimination (protected characteristics)
• Whistleblowing (Public Interest Disclosure Act 1998)
• Pregnancy and maternity
• Taking time off for jury service or public duties
• Health and safety representative duties
• Union activities
• Requesting flexible working arrangements

For the two-year rule cases, dismissal is unfair if your employer did not follow a fair process or had no legitimate reason. Fair reasons include capability, conduct, redundancy, breach of law, and "some other substantial reason".

Even with a fair reason, dismissal is unfair if the procedure was wrong. Your employer must:

1. Explain the concern clearly (e.g. poor performance, misconduct)
2. Give you a chance to respond
3. Consider your response
4. Follow the ACAS Code of Practice on Disciplinary and Grievance Procedures

If you are unfairly dismissed, you can claim compensation for lost wages, benefits, and the impact on you. The tribunal can also order reinstatement or re-engagement, though this is rare.

Redundancy: statutory pay, consultation, and selection

Redundancy happens when your job ceases to exist or the business closes. It is not a sack for misconduct; it is a termination for an economic reason.

If you have two years of service, you get statutory redundancy pay. The amount depends on age and length of service:

• Under 22: 0.5 weeks pay per year
• 22 to 40: 1 week pay per year
• 41 and over: 1.5 weeks pay per year
• Maximum: 20 years of service counted

A week is capped at the statutory maximum (around GBP 571 as of 2026). Your employer must also give notice; the minimum is one week if you have under two years service, one week per year of service up to 12 weeks.

Before making redundancies, your employer must consult you. If 20 or more staff are at risk, consultation must be collective and last at least 30 days. With fewer, one-to-one consultation is appropriate.

Selection criteria must be fair and objective. Your employer cannot select you because you are disabled, pregnant, a whistleblower, or have a protected characteristic.

Discrimination: the nine protected characteristics

The Equality Act 2010 makes it illegal for an employer to discriminate on the grounds of:

1. Age
2. Disability
3. Gender reassignment
4. Marriage or civil partnership
5. Pregnancy and maternity
6. Race (including colour, nationality, ethnic or national origin)
7. Religion or belief
8. Sex
9. Sexual orientation

Discrimination can take several forms:

Direct discrimination: treating you worse because of a protected characteristic (e.g. refusing to hire you because you are over 50).

Indirect discrimination: applying a rule that disadvantages people with a protected characteristic. Example: a shift pattern that makes it harder for those with caring responsibilities.

Harassment: unwanted conduct related to a protected characteristic that violates your dignity or creates a hostile environment.

Victimisation: treating you badly because you have complained about discrimination or supported someone else's complaint.

Disability discrimination: an employer must make reasonable adjustments if a disability puts you at a substantial disadvantage. Examples: allowing home working, flexible hours, or equipment.

A discrimination claim has no qualifying period. Even on your first day, if you are treated unfairly because of a protected characteristic, you can claim. But you must usually bring the claim within three months of the act of discrimination (or last act in a course of conduct).

Whistleblowing protection: speaking up safely

The Public Interest Disclosure Act 1998 protects you if you disclose wrongdoing in the public interest. Wrongdoing includes:

• Criminal offences
• Breach of legal obligations
• Endangerment of health and safety
• Damage to the environment
• Attempts to conceal the above

You can disclose to your employer, a regulator, or a prescribed body (e.g. the Health and Safety Executive). In exceptional circumstances, you can disclose publicly.

You are protected if:

1. You reasonably believe the disclosure is in the public interest
2. You are not seeking a personal gain
3. You disclose via the right channel

Protection includes:

• No dismissal for whistleblowing
• No detriment (demotion, harassment, exclusion)
• Right to claim compensation if you suffer harm

Many whistleblowing claims are settled under confidentiality agreements. If you blow the whistle, keep records of dates, who you told, and what you said.

TUPE: protection on business transfer

When a business is transferred (e.g. sold, outsourced, or contracts passed to a new provider), the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply. TUPE protects employees:

• Your contract transfers to the new employer on the same terms
• You cannot be dismissed simply because of the transfer (except for an "economic, technical or organisational reason")
• The new employer inherits your accrued rights (holiday, service record)
• Your new employer must give you written notice of changes

The original employer may remain liable for accrued claims (e.g. unpaid wages) up to the transfer date. If the transfer breaches TUPE, you can claim.

ACAS early conciliation: mandatory before tribunal

Before bringing a claim to an employment tribunal (except for whistleblowing), you must notify ACAS of a dispute. ACAS offers free, confidential conciliation. This step is mandatory and often resolves disputes without tribunal.

ACAS will:

1. Contact both you and your employer
2. Explain the dispute
3. Ask if you want to try conciliation
4. If yes, help you negotiate a settlement

Early conciliation typically takes 4 to 6 weeks. If it succeeds, the dispute is resolved and confidential. If it fails, ACAS issues a certificate, and you can then claim to the tribunal.

Claiming to tribunal without ACAS notification is a bar to your claim (with very limited exceptions).

Employment tribunal claim process

Once you have ACAS early conciliation, you can claim to the Employment Tribunal.

Step 1: File the ET1 form. This is the claim form. You must state:

• Your name, employer name, and address
• The date the dispute started
• What happened (facts)
• Which law was broken (e.g. unfair dismissal, discrimination)
• What you want (compensation, reinstatement, declaration)

Step 2: Pay the fee (currently GBP 390 for most claims; some are free or reduced).

Step 3: Tribunal acknowledges and sends to employer. The employer has 28 days to respond with an ET3 form.

Step 4: Case management. The tribunal may hold a phone or video hearing to clarify issues and timetable.

Step 5: Final hearing. Both sides present evidence and arguments. The hearing is usually public. You can bring a representative.

Step 6: Judgment. The tribunal decides if you win, and if so, how much compensation or what remedy applies.

If you lose at tribunal, you can appeal to the Employment Appeal Tribunal (EAT) on a point of law within 42 days.

Settlement agreements and COT3 forms

If you and your employer reach a deal before or during tribunal, the settlement is binding only if it is in writing and meets legal conditions.

COT3 form: An agreement signed by you, your employer, and ACAS (or in writing if ACAS did not conciliate). The COT3 bars further claims on the same dispute.

Settlement agreement (without ACAS): Must be in writing, signed by you and your employer. You must have had an opportunity to get legal advice. The agreement typically includes a waiver of claims.

Always get legal advice before signing a settlement. Many include confidentiality clauses (you cannot discuss the dispute) and non-disparagement clauses (you cannot criticise the employer publicly). These are generally enforceable.

Settlement amounts are usually tax-free up to GBP 30,000, so a deal of GBP 25,000 in compensation is worth GBP 25,000 net to you.

Common misconceptions

"My employer can dismiss me without notice if I am not an employee." False. Even workers and self-employed can claim for unfair dismissal if they are dismissed for discriminatory reasons or whistleblowing. And all workers have rights under minimum wage and holiday pay law.

"If I sign a contract, I have no rights." False. You cannot contract out of statutory rights. A contract cannot say "you have no right to minimum wage" or "you waive your right to claim discrimination". Illegal terms are void.

"My employer can ignore my grievance if it is not formal enough." False. If you raise a concern with your manager, your employer must listen and respond fairly. Formal procedures (written grievances, hearings) follow, but the conversation itself triggers an obligation.

"I can claim unfair dismissal anytime during my employment." False. You must wait until you are dismissed or you resign in response to a serious breach. You cannot claim while still employed. (But you can claim discrimination while employed.)

**"Redundancy pay is always negotiable." False. Statutory redundancy pay is a minimum. Your employer must pay it if you are made redundant after two years. An enhanced package may be negotiated, but the statutory amount is not optional.

Related concepts

For deeper detail on specific topics, explore:

• Employment tribunal claims in the UK - the full process, fees, and appeals
• The ET1 form: your claim explained - line-by-line guidance on completing the claim
• ACAS conciliation and settlement - how to negotiate and resolve disputes
• Unfair dismissal: what counts and what does not - detailed case law and examples
• Discrimination law in employment - each protected characteristic and burden of proof
• Redundancy: statutory pay and procedure - calculation and consultation obligations
• Whistleblowing and public interest disclosure - protection and procedure
• TUPE: your rights on business transfer - what happens to your contract and protections
• Settlement agreements and COT3 forms - negotiating and finalising deals

Sources

This page is based on:

1. UK Government Employment Rights: https://www.gov.uk/browse/employing-people - official guidance on wages, contracts, rights, redundancy, and discrimination.

2. ACAS (Advisory, Conciliation and Arbitration Service): https://www.acas.org.uk - free impartial advice on employment rights and dispute resolution. ACAS also publishes the Code of Practice on Disciplinary and Grievance Procedures.

3. Employment Rights Act 1996: https://www.legislation.gov.uk/ukpga/1996/18 - the core statute covering unfair dismissal, redundancy, itemised pay statements, and contract terms.

4. Equality Act 2010: https://www.legislation.gov.uk/ukpga/2010/15 - the primary law on discrimination, harassment, and victimisation.

5. Public Interest Disclosure Act 1998: https://www.legislation.gov.uk/ukpga/1998/23 - whistleblower protection.

6. Transfer of Undertakings (Protection of Employment) Regulations 2006: https://www.legislation.gov.uk/uksi/2006/246 - protection on business transfer.

7. Working Time Regulations 1998: https://www.legislation.gov.uk/uksi/1998/1833 - holiday pay and working time rights.

Disclaimer: This page provides general information about UK employment law. It is not legal advice. Every employment situation is unique. If you have a specific dispute or question, consult a qualified employment law solicitor or contact ACAS for free guidance. Employment tribunals and courts have the power to award damages or order remedies; the information here cannot guarantee a particular outcome.

Written by Peter Kolomiets, founder of CaseCalm. UK employment law content reviewed 2026-05-28.