Employment Law FAQ

EMPLOYMENT LAW FAQ: YOUR RIGHTS AT WORK The following answers are intended as general guidance only. Employment law is complex and changes regularly. This information reflects the law as it applies in England and Wales. Different rules may apply in Scotland and Northern Ireland. Nothing in this FAQ constitutes legal advice, and you should consult a qualified employment solicitor before taking any formal steps. Q: What is the minimum wage in the UK? A: The National Minimum Wage and National Living Wage rates are set by the government and reviewed annually. From April 2025, the National Living Wage (applicable to workers aged 21 and over) is £11.44 per hour. For workers aged 18-20, the rate is £8.60 per hour. 16-17 year olds and apprentices in their first year are entitled to £6.40 per hour. These rates apply to most workers, but certain categories are exempt, including self-employed people, company directors, and volunteers. If you believe your employer is not paying the correct minimum wage, you can report this to HMRC, which enforces minimum wage compliance. Q: How much notice is my employer required to give me? A: The statutory minimum notice periods are set out in the Employment Rights Act 1996. If you have been employed for between one month and two years, your employer must give you at least one week's notice. After two years' continuous employment, you are entitled to one week's notice for each complete year of service, up to a maximum of twelve weeks. These are minimum statutory periods — your employment contract may provide for longer notice periods, in which case the contractual terms apply. Your employer can also pay in lieu of notice (PILON) instead of requiring you to work the notice period, if your contract permits this. Q: When am I entitled to statutory sick pay? A: Statutory Sick Pay (SSP) is currently £116.75 per week and is payable by your employer when you are too ill to work. You qualify for SSP if you have been sick for four or more consecutive days (including non-working days), you earn at least £123 per week on average (the lower earnings limit), and you notify your employer of your absence within the required timeframe. SSP is not payable for the first three days of illness — these are called waiting days. You can receive SSP for a maximum of 28 weeks. After this period, you may be able to claim Employment and Support Allowance (ESA) from the government if you are still unable to work. Q: Can my employer dismiss me without reason? A: Once you have completed two years of continuous employment, you have the right not to be unfairly dismissed. Your employer must have a genuine and substantial reason for dismissal — such as capability, conduct, redundancy, or a statutory restriction — and must follow a fair procedure. If you are dismissed without a valid reason or without following proper procedure, you may be able to bring a claim for unfair dismissal at an Employment Tribunal. Claims must generally be brought within three months of the effective date of termination. If you have been employed for less than two years, you do not have the right to claim unfair dismissal, although other protections (such as those relating to discrimination and whistleblowing) apply from day one of employment. Q: What are my rights regarding annual leave? A: Full-time workers are entitled to a minimum of 28 days' paid annual leave per year under the Working Time Regulations 1998. This includes the eight UK public holidays, which your employer may include within the 28-day entitlement or provide in addition, depending on your contract. Part-time workers receive a pro-rata entitlement calculated by multiplying their working days per week by 5.6. Statutory holiday entitlement cannot be replaced with payment in lieu, except on termination of employment. Workers on irregular hours or shift patterns may calculate their entitlement differently following changes introduced in 2024. Q: What protection do I have against discrimination at work? A: The Equality Act 2010 protects workers against discrimination on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership (in limited circumstances), pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can take several forms: direct discrimination (being treated worse because of a protected characteristic), indirect discrimination (a neutral policy that disproportionately disadvantages a group), harassment, and victimisation. Discrimination claims are heard by an Employment Tribunal. Unlike unfair dismissal claims, you do not need two years of service to bring a discrimination claim — protection applies from the first day of employment. Q: My employer has made my role redundant. What am I entitled to? A: If you have been employed for at least two years, you are entitled to statutory redundancy pay when your role is genuinely redundant. The payment is calculated based on your age, length of service, and weekly pay (subject to a statutory cap). The cap on a week's pay for redundancy purposes is currently £643 per week. The formula is: half a week's pay for each full year of service while under 22; one week's pay for each full year of service between 22 and 40; one and a half week's pay for each full year of service aged 41 or over. The maximum statutory redundancy payment is currently £19,290. You are also entitled to your full notice period, any accrued but untaken holiday pay, and any contractual enhanced redundancy pay your contract provides for. Redundancy must be a genuine reason for dismissal — using redundancy as a pretext for dismissing an employee for other reasons is likely to constitute unfair dismissal.