EMPLOYEE RIGHTS

Employee Rights in the UK

Employment rights in the United Kingdom are governed by various laws and regulations, ensuring that employees are treated fairly and are provided with certain entitlements regardless of their employment status. Whether you are on hourly-paid rates, part-time, full-time, or zero-hour contracts, it’s important to understand your rights and entitlements as an employee.

This guide provides an overview of employee rights in the UK, based on UK government guidelines as of February 2024.

It is standard practice to be given a contract at the start of your employment which lays out the terms of employment including your rate of pay, holiday entitlement, notice period and working hours.

Not been given a contract? Your agreement with your employer might be written down, but it can also be spoken. Spoken agreements have the same legal power, but it’s much harder to prove what was agreed upon. Even without a written contract, you still have the right to a document that explains the important stuff like your job title, pay, hours, benefits, and when you started working. It’s good to have these things in writing so everyone’s on the same page.

Further reading: The risks of not having an employment contract

Zero-hour contracts provide flexibility for both employers and employees. Workers on zero-hour contracts have the same employment rights as regular employees, including the right to receive the national minimum wage and holiday pay.

ACAS guidance says employers using zero-hours contracts should make it clear that the employee or worker does not have to accept work offered.

They also recommend that responsible employers should not use zero-hours contracts if the employee is needed for regular hours over a continuous period of time.

Further Reading: Employment contracts and conditions

You’ll probably be entitled to rest breaks during your working day, as well as daily and weekly rest breaks. Most workers are entitled to rest breaks but some jobs mean you don’t have an automatic legal right to breaks.

Breaks also vary depending on your age, so be certain you’re not being taken advantage of if you’re under 18.

If you’re aged 18 or over, you’re entitled to:

✅ 11 hours of rest between each working day

✅ 1 rest day in each working week

✅ If you work for more than 6 hours a day, you’re entitled to an uninterrupted rest break of at least 20 minutes.

If you’re over school leaving age but under 18, you can’t usually work for more than 8 hours each day or 40 hours each week. 

You’re usually entitled to:

✅ 12 hours rest between each working day

✅ 2 rest days each week

✅ If you work for more than 4 hours and 30 minutes in a day, you’re entitled to a rest break of at least 30 minutes.

For all ages, you must be allowed to take rest breaks during the day rather than at the beginning or end. Your contract might say you’re entitled to more than these rest breaks, for example, you might get an hour for a lunch break.

 

Further reading: Taking rest breaks at work

All eligible workers in the UK are entitled to receive at least the National Minimum Wage (NMW) or the National Living Wage (NLW) if they are aged 23 and over.

Part-Time, Full-Time, and Zero-Hour Contracts: Regardless of the type of contract, employees must be paid at least the minimum wage for their age group. You can find the most up-to-date minimum wage rates on the HMRC website.

Employees on hourly-paid rates should have their working hours clearly defined in their employment contract. They should not be asked to work more than 48 hours per week on average unless they have opted out of the Working Time Regulations.

Part-Time, Full-Time, and Zero-Hour Contracts: Working hours and overtime regulations apply equally to all types of contracts. Part-time employees should not be treated less favourably than full-time employees in terms of hourly pay rates or entitlements.

Further reading: Know your overtime rights

Employees are entitled to a minimum of 5.6 weeks paid annual leave (28 days for those working five days a week) including bank holidays.

Part-Time, Full-Time, and Zero-Hour Contracts: Holiday entitlement is calculated pro-rata based on the number of hours worked. This means that part-time employees are entitled to a proportionate amount of holiday leave based on their contracted hours.

Further reading: Check you’ve got the right amount of holiday pay

Eligible employees are entitled to Statutory Sick Pay (SSP) if they cannot work due to illness or injury. SSP is paid by the employer for up to 28 weeks.

Part-Time, Full-Time, and Zero-Hour Contracts: SSP applies to all types of employment contracts, provided the employee meets the eligibility criteria.

Further Reading: What is statutory sick pay?

Employment contracts should specify notice periods required by both the employer and the employee. The minimum notice period varies depending on the length of service. If you don’t have a written contract you should give one week’s notice, unless you’ve agreed to a longer notice period.

Part-Time, Full-Time, and Zero-Hour Contracts: Notice periods apply equally to all types of contracts. Employers must give the same notice period to part-time employees as they would to full-time employees.

 

Further reading: Your notice period when resigning

Employers must not discriminate against employees based on protected characteristics such as age, gender, race, religion, disability, or sexual orientation.

Part-Time, Full-Time, and Zero-Hour Contracts: All employees are entitled to equal treatment and protection against discrimination, regardless of their employment status.

 

Further reading: Part-time work and your rights

Employees aged between 22 and State Pension age, earning over a certain amount, are automatically enrolled into a workplace pension scheme. The minimum auto-enrolment contribution to an employee’s pension savings is 8% of qualifying earnings. Employers must pay at least 3% and the employee the remaining 5%.

Part-Time, Full-Time, and Zero-Hour Contracts: Pension rights apply equally to all types of contracts. Employers must enrol eligible employees into a pension scheme and make contributions on their behalf.

 

Further reading: Workplace pensions: what your employer and the government pay

Workers are protected by various employment laws, including the right to a safe working environment, protection against unfair dismissal, and the right to request flexible working arrangements.

Part-Time, Full-Time, and Zero-Hour Contracts: Legal protections extend to all employment contracts, ensuring that workers are treated fairly and their rights are upheld.

If you believe your rights as an employee are being violated, you can seek advice from your trade union representative, Citizens Advice Bureau, or the Advisory, Conciliation, and Arbitration Service (ACAS).

Part-Time, Full-Time, and Zero-Hour Contracts: Help and advice are available to all employees, regardless of their employment status. It’s important to know your rights and seek assistance if you encounter any issues in the workplace.

Understanding your rights as an employee is crucial for ensuring fair treatment and maintaining a healthy work-life balance. By familiarising yourself with the laws and regulations outlined in this guide, you can advocate for yourself and take appropriate action if your rights are not being respected in the workplace.