UK employment law is a dynamic and evolving landscape, designed to protect the fundamental rights of employees while fostering a fair and productive working environment. With significant legislative changes introduced through the Employment Rights Act 2025 and other updates taking effect in 2026 and beyond, it is crucial for both employees and employers to stay informed about their entitlements and obligations. This comprehensive guide will delve into the core employee rights in the UK, highlighting recent and upcoming changes to provide a clear understanding of the contemporary employment framework.
The Foundation of UK Employee Rights
At its heart, UK employment law aims to ensure fair treatment, safe working conditions, and equitable compensation for all workers. These rights are enshrined in various statutes, including the Employment Rights Act 1996, the Equality Act 2010, and numerous regulations. While some rights are universal from day one of employment, others accrue after a certain period of continuous service.
Key Statutory Rights
1. National Minimum Wage and National Living Wage
One of the most fundamental rights is the entitlement to be paid at least the National Minimum Wage (NMW) or the National Living Wage (NLW), depending on age. These rates are reviewed annually and typically updated every April. From April 1, 2026, the National Living Wage for individuals aged 21 and over will increase to £12.71 per hour. For those aged 18-20, the rate will be £10.85, and for 16-17 year olds and apprentices, it will be £8.00 per hour .
2. Working Time Regulations
Employees are protected by the Working Time Regulations, which stipulate limits on working hours, rest breaks, and annual leave. Key provisions include:
- Maximum Working Week: A limit of 48 hours per week on average, which employees can opt out of voluntarily.
- Rest Breaks: Entitlement to a 20-minute uninterrupted rest break if working more than six hours.
- Daily and Weekly Rest: 11 consecutive hours of rest between working days and an uninterrupted 24-hour rest period each week (or 48 hours every two weeks).
3. Holiday Entitlement
Most workers are entitled to 5.6 weeks of paid annual leave per year, which can include bank holidays. This statutory entitlement is capped at 28 days. For example, an employee working five days a week is entitled to 28 days of paid holiday .
4. Statutory Sick Pay (SSP)
Eligible employees are entitled to Statutory Sick Pay (SSP) if they are too ill to work. Significant changes are coming into effect from April 6, 2026, with the removal of the Lower Earnings Limit (LEL) and the waiting period for SSP. This means more employees will be eligible for SSP from their first day of sickness .
5. Parental Rights
UK law provides a range of parental rights, including:
- Maternity Leave and Pay: Up to 52 weeks of maternity leave, with statutory maternity pay for a portion of this period.
- Paternity Leave and Pay: Eligible fathers and partners can take one or two weeks of paternity leave. From February 18, 2026, day-one rights to paternity leave will be introduced, and from April 6, 2026, Bereaved Partners’ Paternity Leave will enable bereaved fathers and partners to take up to 52 weeks of paternity leave if the mother or primary adopter dies within the first year of the child’s life .
- Shared Parental Leave and Pay: Parents can share up to 50 weeks of leave and 37 weeks of pay in the first year after their child is born or adopted.
- Unpaid Parental Leave: Employees with one year of service can take up to 18 weeks of unpaid parental leave per child up to their 18th birthday. From February 18, 2026, this will also become a day-one right .
6. Protection Against Discrimination
The Equality Act 2010 protects employees from discrimination based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This protection applies throughout the employment relationship, from recruitment to dismissal.
7. Protection Against Unfair Dismissal
Currently, employees generally need two years of continuous service to claim unfair dismissal. However, significant changes are on the horizon. The government’s original proposal for
day-one unfair dismissal rights has been replaced by a reduction of the qualifying period to six months, effective from January 1, 2027 . This means employees dismissed from this date onwards will only need six months of service to claim unfair dismissal, significantly enhancing job security.
day-one unfair dismissal rights has been replaced by a reduction of the qualifying period to six months, effective from January 1, 2027 . This means employees dismissed from this date onwards will only need six months of service to claim unfair dismissal, significantly enhancing job security.
8. Protection Against Unlawful Deduction from Wages
Employees have the right to receive the wages they are due, and employers cannot make deductions from pay unless legally required (e.g., tax, National Insurance), authorized by a contract term, or with the employee’s prior written consent. This protection is a fundamental aspect of fair compensation.
9. Health and Safety at Work
Employers have a legal duty to ensure the health, safety, and welfare of their employees as far as is reasonably practicable. This includes providing a safe working environment, safe equipment, and adequate training. Employees have a right to work in an environment free from undue risks.
10. Flexible Working
All employees have the legal right to request flexible working arrangements from their employer, provided they have 26 weeks of continuous service. Employers must deal with requests in a reasonable manner. While not a day-one right currently, there are ongoing discussions and potential future changes regarding flexible working under the Employment Rights Act 2025 .
11. Whistleblowing Protection
Employees who report certain types of wrongdoing (whistleblowing) are protected from detriment or dismissal as a result of their disclosure. The Employment Rights Act 2025 will strengthen protections for workers who blow the whistle on sexual harassment, taking effect from April 6, 2026 .
Emerging and Evolving Rights: The Impact of the Employment Rights Act 2025
The Employment Rights Act 2025 is set to bring about substantial changes to the UK employment law landscape, with various measures phased in from late 2025 through 2027. As the government states in its official guidance:
The government is delivering its Plan to Make Work Pay (MWP) to bring employment rights legislation into the 21st century, extending employment protections already given by the best British companies to millions more workers across the country.
The following table outlines the key implementation dates for major reforms scheduled for 2026:
Implementation Date |
Key Measure / Reform |
February 18, 2026 |
Day-one rights to Paternity Leave and Unpaid Parental Leave (notice period)
|
April 6, 2026 |
Day-one Paternity Leave; Removal of SSP Lower Earnings Limit and waiting period
|
April 6, 2026 |
Bereaved Partners’ Paternity Leave (up to 52 weeks)
|
October 2026 |
Duty to prevent third-party sexual harassment; Tightening of tipping laws
|
October 2026 |
Duty to inform workers of their right to join a trade union
|
January 2027 |
Reduction of unfair dismissal qualifying period to 6 months
|
Beyond the changes to unfair dismissal and parental leave already mentioned, other notable developments include:
Sexual Harassment Protections
From October 2026, employers will be required to take ‘all reasonable steps’ to prevent sexual harassment of their employees. Furthermore, an obligation will be introduced for employers not to permit the harassment of their employees by third parties. Regulations may also specify what steps are considered ‘reasonable’ . These measures aim to create safer and more respectful workplaces.
Tipping Law Tightening
Also taking effect in October 2026, new legislation will tighten tipping laws, ensuring that employees receive 100% of tips, gratuities, and service charges, with employers prohibited from making deductions . This will provide greater transparency and fairness for workers in sectors where tipping is prevalent.
Trade Union Rights
The Act includes several provisions related to trade unions, such as simplifying the trade union recognition process, strengthening trade unions’ right of access, and introducing new rights and protections for trade union representatives. Measures taking effect in October 2026 will also introduce a duty to inform workers of their right to join a trade union .
Fire and Rehire Protections
From January 2027, the Employment Rights Act will effectively outlaw ‘fire and rehire’ practices, where employers dismiss employees and re-engage them on new, often less favorable, terms and conditions. This change aims to provide greater job security and prevent exploitative practices .
Right to Disconnect
While there is no explicit ‘right to disconnect’ in UK law currently, and it is not directly covered in the Employment Rights Act 2025, the concept is gaining traction. This right would allow employees to switch off from work-related communications outside of their working hours without fear of reprisal. While not yet enshrined in legislation, it remains a topic of discussion and potential future reform .
The UK employment law framework is designed to provide a robust safety net for employees, ensuring fair treatment, decent working conditions, and protection against discrimination and unfair practices. The upcoming changes in 2026 and 2027, particularly those introduced by the Employment Rights Act 2025, signify a continued commitment to strengthening employee rights. It is imperative for employees to be aware of these rights and for employers to understand their obligations to foster a compliant, equitable, and productive working environment. Staying informed and seeking advice when necessary are key to navigating this evolving legal landscape effectively.
