All employees in the UK are offered legal protection against discrimination and are entitled to a range of
rights that ensure fair treatment in the workforce. Whether you’re just starting out in your first ever
part-time role or have decades of experience, it’s crucial for you to understand your rights at work from
day one.
The fact is that many people do not know or understand their employee rights, yet these rights can help
you maximise your work/life balance and ensure that you are not only remunerated appropriately but
receive adequate rest breaks and sickness leave. In our blog, we’ll therefore cover some of the most
important rights all UK employers must offer to their staff, ranging from the national minimum wage all
the way to flexible working requests.
National minimum wage
In the UK, the national minimum wage depends on your age and whether you’re an apprentice. Some
organisations may choose to pay above the national minimum wage.
To qualify for the minimum wage, you must be of school leaving age. All people classed as “workers”
must receive the national minimum wage (based on their age or apprenticeship status), irrespective of
them working part-time or full-time. Agency workers are also required by law to be paid the national
minimum wage. There are a few types of workers who are not entitled to the national minimum wage,
it’s important to check if any of the following apply to you: self-employed people, company directors,
volunteers, members of the armed forces, prisoners, and people younger than school leaving age
(usually 16). Click here to see the most up to date UK minimum wage based on age and apprenticeship
status.
Annual leave
Most employees working in the UK on a full-time basis will be entitled to a minimum of 28 days’ paid
annual leave, equivalent to 5.6 weeks of holiday. People working part-time or irregular hours are also
entitled to paid time off, but the amount will be based on a pro-rata basis. Agency workers and shift
workers should also receive annual leave, this will be calculated based on hours worked.
It is worth noting that employees have the right to build up holiday entitlement while off sick and are
able to request holidays at the same time as sick leave. Any employee who falls sick during their annual
leave can also choose to cancel the leave, and inform their manager of their need to take sickness leave
instead.
Work time regulations
In the UK, you cannot work more than 48 hours a week (on average, usually averaged over 17 weeks).
You can however choose to opt out of this legal protection. The rules are slightly different if you are
under 18, as you shouldn’t normally be expected to work more than 8 hours in a day or 40 hours in a
week. Also, under 18s generally can’t be expected to work between 10pm and 6am (though in some
cases your contract may state you should work until 11pm – if this is the case, you shouldn’t start work
before 7am the next day). If you wish to opt out of this protection, you must discuss it with your
manager as some job roles do not allow you to do so for safety reasons (such as HGV drivers).
Breaks
If you’re at work for 6 hours or more, you are entitled to take an uninterrupted break of a minimum of
20 minutes. However, it’s important to note that your employee does not have to pay for the time you
spend on your break. When talking about breaks, it’s easy to only focus on the time spent in the
workplace. But employees are also entitled to rest in between working days. There should be a
minimum of 11 hours rest between each working day (for example, if you finish work at 10pm, you
shouldn’t start work again until 9am the following day). Young workers (under 18) are usually entitled to
a 30 minutes break if they work more than 4.5 hours and should have a minimum of 12 hours between
each working day.
Company benefits
UK employees are entitled to be enrolled into a pension by law if they are aged 22 or over. They may
choose to opt out, but the employer cannot request that they do so. Depending on how much you earn,
your employee will also have to make contributions towards your pension (except if you have chosen to
opt out). Agency workers should know that they have the same worker’s employment rights as direct
employees of the hiring organisation from day one, including rights to access the canteen or carpark or
transport services. And after 12 weeks, you qualify for the same rights as someone directly hired by the
company, such as paid annual leave and automatic pension enrolment.
Maternity
Your employment rights are protected while you are on statutory maternity leave, which can be taken
for up to 52 weeks. You cannot be dismissed from your role for taking maternity leave as this would be
considered discrimination. Anyone can make a request for maternity leave when pregnant, but to
receive statutory maternity pay, you must need the following criteria:
- You must earn on average at least £123 per week
- Give you employer a minimum of 28 days’ notice
- Supply medical confirmation of the pregnancy
- Have worked continuously for your employer for at least 26 weeks
Partners are also able to request time off when the baby is born. There are also rights that offer you
paid time off if you are adopting a child.
Flexible working
All employees have the right to make a flexible working request. You are able to request a change to the
number of hours you work, when you start or finish work, the days of the week you work, and where
you work. You can make a flexible working request from their first day in a job, and you can make used
to 2 applications for flexible working in any 12 month period. Employees must make their request in
writing. Employers have the right to refuse requests but they need to make a decision within 2 months
and any refusal must come with an explanation.
Sickness
Employees are entitled to taking time off work if they are sick. They do not need a medical note if they
are off work for less than 7 days. During this time, they can “self-certify” their sickness. If you are sick for
more than 7 days you will need a note from a medical practitioner that explains you are either “not fit to
work,” or “may be fit work.” If it is deemed you may be fit to work, your employer should consider what
reasonable adjustments can be put in place. Disabled workers are automatically required to be offered
reasonable adjustments. If you are unable to work due to sickness, you may be entitled to statutory sick
pay, which can be paid for by your employer for up to 28 weeks. During your time off sick, as we’ve
explained previously, you continue to accrue annual leave and your employer cannot make you take
holiday pay if you would be entitled to statutory sick pay.
Final thoughts…
Understanding your employee rights and entitlements is vital in the promotion of a positive and fair
working experience. By taking the time to read and understand these guidelines, you are allowing
yourself to make informed decisions about your life at work and advocate for yourself if needed. Should
you feel that your rights are not being respected, you can reach out to Acas, who offer free and
impartial advice to employees and employers.
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This article was written by Lucy Hulton.
Last updated on 13 June 2025
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