TRW & Co · UK employment law
Employee Rights in the UK: What Every Worker Is Entitled To
Employee rights UK law guarantees cover pay, working time, holidays, sick pay, family leave, discrimination and dismissal, and most now apply from the first day of work. This guide sets out the entitlements in force as of October 2026, the April 2026 rates, and the Employment Rights Act 2025 changes arriving in January 2027 and beyond.
Key pointFrom 1 January 2027, employees need only six months' service, not two years, to claim ordinary unfair dismissal, and the cap on compensation goes. Statutory redundancy pay still needs two years, so the two thresholds will diverge for the first time.
At a glance
National Living Wage
From April 2026, workers aged 21 and over must be paid at least £12.71 an hour, with lower rates for younger workers and apprentices.
Sick pay from day one
Since 6 April 2026, SSP is paid from the first day of sickness at the lower of £123.25 a week and 80% of normal earnings.
Day-one family leave
Paternity leave and unpaid parental leave became day-one rights on 6 April 2026, joining maternity and adoption leave.
Unfair dismissal shift
For terminations on or after 1 January 2027, the qualifying period falls from two years to six months and the compensation cap is removed.
Six months to claim
For most claims where the act complained of happens on or after 1 October 2026, the tribunal time limit is six months.
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Employee rights UK law guarantees: the short answer
Employee rights UK law guarantees fall into five groups: pay, working time and holidays, family and caring leave, protection from discrimination and harassment, and protection on dismissal. Most apply from the first day of employment. A smaller number, such as statutory redundancy pay, still depend on length of service, and the unfair dismissal qualifying period is about to shrink.
As of October 2026, the main entitlements are: the National Living Wage of £12.71 an hour for workers aged 21 and over; 5.6 weeks' paid holiday a year; Statutory Sick Pay from the first day of sickness; day-one paternity and unpaid parental leave; the right to request flexible working from day one; and protection from discrimination and harassment from before the job even starts.
The Employment Rights Act 2025 is the biggest change to these rights in a generation. Some reforms took effect in April and October 2026, the unfair dismissal changes follow on 1 January 2027, and others are expected during 2027. This guide explains what applies now and what is coming, for employees and for the employers who must comply.
Who is protected: employees, workers and the self-employed
Not every employee rights UK statute creates applies to everyone who works. The starting point is employment status, because UK law gives different rights to different groups. Getting status wrong is one of the most common reasons people miss out on rights, or employers face unexpected claims.
- Employees work under a contract of employment and have the full set of rights, including unfair dismissal protection, redundancy pay and statutory notice.
- Workers personally perform work for someone who is not their client or customer. They have core rights such as the minimum wage, paid holiday, rest breaks, whistleblowing protection and protection from discrimination, but not unfair dismissal or redundancy pay.
- The genuinely self-employed are in business on their own account and have very few statutory employment rights, although some discrimination protection can still apply.
Labels in contracts do not decide status. Tribunals look at the reality of the relationship, including control, personal service and whether there is an obligation to offer and accept work. See our guide to employment status for the tests in detail.
Most of the rights described here come from the Employment Rights Act 1996, the Equality Act 2010, the Working Time Regulations 1998, the National Minimum Wage Act 1998 and, increasingly, the Employment Rights Act 2025. They apply in England, Wales and Scotland. Northern Ireland has separate employment legislation, and several of the 2025 reforms do not extend there.
Day-one employee rights UK workers have, and those that need service
The table below summarises when the main employee rights UK law provides begin, as of October 2026. Rates are those in force from April 2026 and are normally updated each April.
| Right | When it applies | Key detail |
|---|---|---|
| National Minimum Wage and National Living Wage | Day one (workers) | £12.71 an hour at 21 and over; £10.85 at 18 to 20; £8.00 under 18 and for apprentices in their first year or under 19 |
| Written statement of terms | Day one | Must be given on or before the first day, with some details permitted within two months |
| Itemised pay statement | Day one (workers) | Shows gross pay, deductions and, for variable pay, hours paid |
| Paid holiday | Day one (workers) | 5.6 weeks a year, capped at 28 days for a five-day week |
| Statutory Sick Pay | Day one of sickness | Lower of £123.25 a week and 80% of normal weekly earnings, for up to 28 weeks |
| Paternity and unpaid parental leave | Day one, since 6 April 2026 | Statutory paternity pay still has its own eligibility conditions |
| Right to request flexible working | Day one | Two requests in any 12 months; a decision within two months |
| Discrimination and harassment protection | Before employment begins | Covers recruitment, employment and some post-employment conduct |
| Unfair dismissal | Two years; six months for terminations from 1 January 2027 | Automatically unfair reasons, such as whistleblowing, apply from day one |
| Statutory redundancy pay | Two years | Week's pay capped at £751 for redundancies on or after 6 April 2026 |
Pay, hours and holidays
Minimum wage
The National Living Wage and National Minimum Wage rates are published on GOV.UK. Employers must pay at least the correct rate for all working time, which can include some travel, training and on-call time. Deductions for uniforms or accommodation can take pay below the minimum. Underpayment is enforced by the state, now through the Fair Work Agency, which launched in April 2026, as well as through tribunal claims.
Deductions from wages
An employer can only deduct from wages where required by law, authorised by the contract, or agreed in writing in advance. Unauthorised deductions can be claimed in the tribunal. See our guide to unlawful deductions from wages.
Working time and rest
Under the Working Time Regulations 1998, workers cannot be required to work more than an average of 48 hours a week, unless they opt out in writing. They are entitled to a rest break of 20 minutes when working more than six hours, 11 consecutive hours' rest in each 24 hours, and a weekly rest period. Special rules apply to young workers and night workers.
Holiday
Workers are entitled to 5.6 weeks' paid holiday a year, which can include bank holidays. Holiday pay should reflect normal pay, including regular overtime and commission for at least part of the entitlement. Since 6 April 2026, employers must keep records showing compliance with annual leave rules. For the detailed rules, see our guide to holiday pay calculation and GOV.UK's holiday entitlement guidance.
Sick pay
Since 6 April 2026, Statutory Sick Pay is payable from the first day of sickness rather than after three waiting days, and the lower earnings threshold has been removed. The rate is the lower of £123.25 a week and 80% of normal weekly earnings. See our guide to the Statutory Sick Pay changes.
Family, caring and flexible working rights
Family rights are where the employee rights UK law provides have expanded most steadily in recent years. Employees are entitled to up to 52 weeks' maternity or adoption leave from day one, with statutory pay subject to service and earnings conditions. Since 6 April 2026, paternity leave and unpaid parental leave are also day-one rights, and the restriction on taking paternity leave after shared parental leave has been removed.
Other entitlements include shared parental leave, neonatal care leave for parents of babies needing neonatal care, unpaid carer's leave for employees with a dependant who has a long-term care need, and reasonable unpaid time off for dependants in emergencies. Employees on family leave have enhanced protection in a redundancy situation.
The right to request flexible working applies from day one. Employers must deal with requests reasonably and decide within two months, and may only refuse for one of the statutory business reasons. The Employment Rights Act 2025 will add a requirement that a refusal must be reasonable, with changes expected during 2027. See our guides to family leave rights and flexible working.
Discrimination, harassment and whistleblowing
The Equality Act 2010 protects job applicants, employees and workers from discrimination, harassment and victimisation because of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. There is no qualifying period and no cap on compensation. Employers must also make reasonable adjustments for disabled staff.
Employers have a positive duty to prevent sexual harassment. From 30 October 2026 that duty requires all reasonable steps, and employers are liable for harassment by third parties unless they took all reasonable steps to prevent it. See our guide to the sexual harassment duty.
Workers who make protected disclosures about wrongdoing are protected from detriment and dismissal from day one. Since 6 April 2026, disclosures about sexual harassment can qualify. Read more in GOV.UK's whistleblowing guidance.
Rights on dismissal and redundancy
Employees with the qualifying period have the right not to be unfairly dismissed. The employer must show a fair reason, such as conduct, capability or redundancy, and must act reasonably, which usually means following a fair procedure consistent with the Acas Code of Practice. Employees have a statutory right to be accompanied at disciplinary and grievance hearings.
The qualifying period is two years for terminations before 1 January 2027 and six months for terminations with an effective date on or after that date. The cap on the compensatory award is removed from the same date. Some reasons, including pregnancy, whistleblowing, asserting a statutory right and certain health and safety reasons, are automatically unfair from day one.
Employees are entitled to statutory notice of one week after a month's service, rising to one week per complete year after two years, up to twelve weeks, unless the contract gives more. Employees with two years' service made redundant are entitled to statutory redundancy pay. See our guides to unfair dismissal and the redundancy process.
How to enforce employee rights UK law provides
Most individual rights are enforced through the Employment Tribunal, after Acas early conciliation. For most claims where the act complained of happened on or after 1 October 2026, the time limit is six months.
- Check your status and the right. Confirm whether you are an employee or worker and whether the right applies from day one or needs service.
- Gather documents. Collect your contract, payslips, rotas, emails and any notes of meetings.
- Raise it internally. Put a grievance in writing. Unreasonably failing to follow the Acas Code can affect compensation on either side.
- Diary the time limit. Work out the deadline from the earliest possible date. A grievance does not stop the clock.
- Contact Acas. Early conciliation is usually compulsory before a claim and pauses the time limit.
- Bring a claim or settle. If conciliation fails, present an ET1. Many disputes settle through Acas or a settlement agreement.
Some rights, including minimum wage, holiday pay and Statutory Sick Pay, can also be enforced by the Fair Work Agency. For a fuller explanation of tribunal procedure, see our guide to the employment tribunal process.
Several rights now depend on the date something happened. The six-month time limit applies to acts on or after 1 October 2026, and the six-month unfair dismissal qualifying period to terminations on or after 1 January 2027. Always pin down the exact date before deciding what applies.
Illustrative scenario: a new hire's first year
This scenario is illustrative only. It does not describe any real client or outcome.
A logistics coordinator joins a London company in May 2026. On day one she is entitled to a written statement of terms, at least the National Living Wage, paid holiday, protection from discrimination, and the right to request flexible working. Her partner is expecting a baby in the autumn, and because paternity leave became a day-one right in April 2026, she can take paternity leave even though she has only a few months' service. Her entitlement to statutory paternity pay depends on separate service and earnings conditions.
In December 2026 she is told her role may end. Before 1 January 2027 she would not have the two years needed for ordinary unfair dismissal. If her employment ends on or after 1 January 2027, she will have the six months' service needed and can claim if the dismissal is unfair. She would not yet qualify for statutory redundancy pay, which still needs two years.
Risks and common mistakes for employers
Assuming short-service staff have no rights
Many employers still treat new joiners as having no protection until two years. That was never accurate, because discrimination, whistleblowing and automatically unfair dismissal rights apply from day one, and it is now even less so. From 1 January 2027 the ordinary unfair dismissal qualifying period is six months. Probation reviews, performance management and early exits all need a fair, documented process.
Missing minimum wage pitfalls
Unpaid trial shifts, uniform deductions, salary sacrifice, unpaid travel between assignments and annualised salaries that fall below the rate in a given pay reference period all cause underpayments. The state can require arrears to be paid at current rates and impose penalties, and employers can be publicly named. Audit pay structures each April when rates rise.
Not updating policies after April and October 2026
Handbooks written before 2026 often still refer to sick pay waiting days, service requirements for paternity leave, the old harassment standard or three-month time limits. Outdated policies mislead managers and can be used as evidence of non-compliance. Review family leave, sickness, harassment, flexible working and disciplinary policies against the current law, and train managers on the changes.
What to do next
For employees, the key steps are to understand your status, check which employee rights UK law gives you from day one, keep records and act within the time limits. For employers, the priorities as of October 2026 are:
- review contracts and written statements against current requirements;
- check pay against April 2026 minimum wage rates and SSP rules;
- update family leave, sickness, harassment and flexible working policies;
- keep holiday records that demonstrate compliance;
- prepare for six-month unfair dismissal rights from 1 January 2027; and
- track further Employment Rights Act 2025 changes expected in 2027.
Our employment law team advises employers and senior employees on all employee rights UK legislation provides, and our employment tribunal practice acts in claims. For an overview of the reforms, see our guide to the Employment Rights Act 2025. To discuss your position, contact our London office.
Frequently asked questions
01What rights do employees have from day one in the UK?
From the first day, employees and workers are entitled to at least the National Minimum Wage or National Living Wage, a written statement of terms, itemised payslips, paid holiday, rest breaks and protection from discrimination, harassment and whistleblowing detriment. Employees can request flexible working from day one, and since 6 April 2026 paternity leave and unpaid parental leave are day-one rights too. Statutory Sick Pay is now paid from the first day of sickness. Certain dismissals, such as for whistleblowing or pregnancy, are automatically unfair regardless of service.
02How long do you have to work somewhere to claim unfair dismissal?
For terminations with an effective date before 1 January 2027, the qualifying period for ordinary unfair dismissal is two years' continuous employment. For terminations on or after 1 January 2027, it falls to six months under the Employment Rights Act 2025. The statutory cap on the compensatory award is also removed for those dismissals. Some dismissals, including those for whistleblowing, pregnancy, asserting a statutory right or certain health and safety reasons, are automatically unfair and need no qualifying service.
03What is the minimum wage in the UK in 2026?
From April 2026, the National Living Wage for workers aged 21 and over is £12.71 an hour. The National Minimum Wage is £10.85 for those aged 18 to 20 and £8.00 for under-18s. The apprentice rate is £8.00 for apprentices under 19 or in the first year of their apprenticeship; other apprentices get the rate for their age. Rates are usually updated each April, so check GOV.UK for the current figures.
04How much holiday am I entitled to?
Almost all workers are entitled to 5.6 weeks' paid holiday a year. For someone working five days a week, that is 28 days, which is also the statutory cap. Employers can include bank holidays within the 5.6 weeks. Part-time and irregular-hours workers receive a proportionate entitlement, and special accrual rules apply to irregular-hours and part-year workers. Contracts can give more than the statutory minimum but not less.
05Do employee rights differ in Scotland and Northern Ireland?
Employment law is largely the same in England, Wales and Scotland, and the Employment Rights Act 2025 changes apply across Great Britain. Scotland has its own employment tribunals, operating under the same rules. Northern Ireland has separate employment and equality legislation, its own tribunal system and conciliation service, and several recent reforms do not apply there. Employees and employers in Northern Ireland should check the local rules.
06What changes to employment rights are coming in 2027?
The headline change is that, for terminations on or after 1 January 2027, unfair dismissal protection starts after six months rather than two years, and the compensation cap is removed. Other Employment Rights Act 2025 measures expected during 2027, subject to regulations, include guaranteed hours offers for zero-hours and low-hours workers, a stronger flexible working test, bereavement leave covering pregnancy loss, restrictions on confidentiality clauses in harassment cases and changes to collective redundancy thresholds.
Sources and official materials
- Employment Rights Act 1996 — Core statutory employment rights
- Employment Rights Act 2025 — Day-one rights, unfair dismissal and other reforms
- Equality Act 2010 — Discrimination, harassment and victimisation
- GOV.UK: National Minimum Wage and National Living Wage rates — Current hourly rates from April 2026
- GOV.UK: Statutory Sick Pay — SSP rate and eligibility
- GOV.UK: Holiday entitlement — Statutory holiday rules
- Employment Rights Act 2025 (Commencement No. 4) Regulations 2026 — Unfair dismissal changes from 1 January 2027
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.