Guide
Know Your Employment Rights
Your rights at work are protected by law. Here is a clear overview of the key protections every employee in the UK should know about.
Protection from unfair dismissal
Under the Employment Rights Act 1996, if you have been employed for two years or more, you have the right not to be unfairly dismissed. Your employer must have a fair reason for dismissal (such as capability, conduct, redundancy, or a statutory restriction) and must follow a fair procedure. Some dismissals are automatically unfair regardless of length of service, including dismissal for whistleblowing, asserting a statutory right, pregnancy, or trade union activities.
Protection from discrimination
The Equality Act 2010 protects you 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. Your employer cannot treat you less favourably because of any of these characteristics. This protection covers recruitment, pay, promotion, training, redundancy, and dismissal. There is no minimum length of service required for discrimination claims.
Constructive dismissal
If your employer fundamentally breaches your contract of employment, making it impossible for you to continue working, you may be entitled to resign and claim constructive dismissal. Examples include failing to pay you, making unreasonable changes to your working conditions without agreement, allowing a culture of bullying or harassment, or demoting you without reason. You need strong evidence and should document everything before making this decision.
Whistleblowing
If you report certain types of wrongdoing at work, you are protected by the Public Interest Disclosure Act 1998. Protected disclosures include reporting criminal offences, failure to comply with legal obligations, miscarriages of justice, health and safety dangers, environmental damage, and deliberate concealment of any of these. Your employer cannot dismiss you or treat you badly for making a protected disclosure. This protection applies from day one of employment.
Key rights at a glance
Written statement of terms
From day one
National Minimum Wage
From day one
Paid holiday
5.6 weeks per year from day one
Statutory sick pay
After 4 days of illness
Maternity/paternity leave
With qualifying service
Flexible working request
From day one (since April 2024)
Not to be unfairly dismissed
After 2 years
Redundancy pay
After 2 years
Protection from discrimination
From day one
Whistleblowing protection
From day one
Right to be accompanied
At disciplinary/grievance meetings
Notice period
1 week per year of service (up to 12)
What to do if your rights are violated
Document everything as it happens. Keep records of dates, times, what was said, who was involved, and any witnesses. Try to resolve the issue informally first, then raise a formal grievance if needed. If your employer does not resolve the matter, contact ACAS for early conciliation before considering an employment tribunal claim. Remember, most claims have a three-month time limit, so act promptly.