The most important thing to know before anything else
UK employment law divides working people into three statuses: employee, worker, and self-employed. Most employment rights only apply if you are an employee. Workers get some rights but not others. Self-employed people have very few.
This trips people up constantly. Someone on a zero-hours contract assumes they have the same rights as a colleague on a contract of employment. A freelancer assumes their client owes them the same protections an employer would. Neither is correct.
Before you look up any specific right, you need to know which category applies to you. The comparison below sets out the key differences.
Employee, worker, or self-employed — what each status means
| Status | Who this typically includes | Key rights they have |
|---|---|---|
| Employee | Permanent and fixed-term staff, most agency workers after 12 weeks in the same role | Full employment rights: unfair dismissal protection, statutory maternity and paternity pay, redundancy pay, statutory notice periods, rest breaks, holiday pay, national minimum wage |
| Worker | Zero-hours contract workers, gig economy workers (Uber, Deliveroo), some freelancers who work mainly for one client | National minimum wage, 5.6 weeks' holiday pay, rest breaks, protection from discrimination — but NOT unfair dismissal, statutory maternity pay, or statutory paternity pay |
| Self-employed | Sole traders, contractors working for multiple clients, most freelancers | Very few statutory rights — mainly protection from discrimination in some service contexts. No minimum wage, no holiday pay, no unfair dismissal protection |
Not sure which status applies to you?
Your contract may say you are self-employed, but that label does not automatically determine your legal status. Employment tribunals look at how the working relationship actually operates — not just what the contract says. If you work regular hours, receive regular pay from one source, and have little control over how the work is done, you may have worker or employee status regardless of what your contract says.
HMRC's Check Employment Status for Tax (CEST) tool can help clarify: https://www.gov.uk/guidance/check-employment-status-for-tax
Key employment rights — what you are entitled to
These are the main rights that apply to employees in England. Some also apply to workers — the table above sets out which.
National minimum wage and national living wage. Every employee and worker is entitled to be paid at least the national minimum wage. The rate depends on your age — the national living wage applies to workers aged 21 and over. See /employment-rights/minimum-wage for the current rates and what to do if your employer pays less.
Holiday entitlement. Employees and workers are entitled to 5.6 weeks' paid holiday per year. For a full-time employee that is 28 days, which can include bank holidays if your employer chooses. Your employer cannot substitute a cash payment instead of actual time off, except when your employment ends. See /employment-rights/holiday for how bank holidays count, part-time calculations, and what happens if you are off sick.
Statutory sick pay (SSP). If you are off sick for more than three consecutive days, you are entitled to SSP from day four. SSP is paid by your employer. Verify the current weekly rate at GOV.UK — it changes each April. See /employment-rights/sick-pay for waiting days, fit notes, and what to do if your employer refuses to pay.
Parental rights. Employees who meet the eligibility criteria are entitled to statutory maternity leave (up to 52 weeks), statutory paternity leave (1 or 2 weeks), and statutory adoption leave. Statutory maternity pay and paternity pay are separate entitlements with their own qualifying conditions. See /employment-rights/maternity and /employment-rights/paternity for the full detail.
Redundancy pay. If you are made redundant after at least two years' continuous employment, you are entitled to statutory redundancy pay. The amount depends on your age, length of service, and weekly pay, up to a capped figure. GOV.UK publishes a redundancy pay calculator. See /employment-rights/redundancy for the full calculation, consultation rights, and signs of a sham redundancy.
Protection against unfair dismissal. After two years' continuous employment, you have the right not to be unfairly dismissed. Before the two-year mark, an employer can dismiss you without giving a reason (as long as the dismissal is not for an automatically unfair reason — see below). The two-year qualifying period is subject to parliamentary review — verify current status at GOV.UK. See /employment-rights/unfair-dismissal for the five fair reasons, automatically unfair dismissal, and the ACAS process.
Rest breaks. Adult workers are entitled to a 20-minute uninterrupted rest break if they work more than six hours a day, 11 hours' rest between working days, and one uninterrupted day off per week (or two days per fortnight).
Automatically unfair dismissal — no qualifying period required
Some reasons for dismissal are automatically unfair regardless of how long you have worked for your employer. These include: dismissal because you are pregnant or on maternity leave, because you blew the whistle on wrongdoing at work, because you asserted a statutory right (such as asking for the minimum wage or holiday pay), because of your trade union membership or activities, or because of jury service.
If you believe your dismissal falls into one of these categories, contact ACAS on 0300 123 1100 as soon as possible.
How to raise a grievance
If something goes wrong at work — pay disputes, bullying, unsafe conditions, contract changes you have not agreed to — there is a standard process to follow.
Step 1: Talk to your manager. Most workplace issues resolve at this stage. Raise it informally first. If your manager is the problem, go to their line manager or HR.
Step 2: Submit a formal written grievance. If the informal route does not work, submit a written grievance using your employer's grievance procedure. ACAS publishes a Code of Practice on grievance procedures, and employers are expected to follow it. If they do not, any compensation awarded at tribunal can be increased by up to 25%.
Step 3: ACAS early conciliation. If your grievance is not resolved and you are considering an employment tribunal claim, ACAS early conciliation is required before you can submit a claim. ACAS will contact your employer and attempt to reach a settlement without going to tribunal. This step is free and is often where disputes are resolved.
ACAS — free, impartial, and the right first call
ACAS (the Advisory, Conciliation and Arbitration Service) provides free, impartial advice to both employers and employees on employment rights and workplace issues. They do not take sides, but they can help you understand what the law says and what your options are.
ACAS helpline: 0300 123 1100, Monday to Friday.
ACAS Codes of Practice are not law, but employment tribunals take them into account. An employer who ignores the ACAS Code in a dismissal case can see compensation increased by up to 25% at tribunal. acas.org.uk
Employment tribunals — what you should know
Employment tribunal claims take time. The average case takes over a year from submission to hearing in many regions. That is a real factor in your decision.
ACAS early conciliation is a required step before making a tribunal claim, and many cases settle at this stage without going to a hearing.
Employment tribunal fees were abolished in 2017. It is free to submit a claim. You do not need a solicitor, though one can help with complex cases. Citizens Advice can help you prepare a claim and understand the process.
The time limit for most tribunal claims is three months less one day from the date of the act complained of (for example, three months from the date you were dismissed). Do not delay — time limits are strictly enforced.
HMRC collects claims about national minimum wage underpayment separately. Report to HMRC using the online tool at GOV.UK — they can investigate and force the employer to pay arrears.
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Common questions about employment rights
What's the difference between an employee and a worker?▾
An employee has a contract of employment and gets the full range of statutory rights, including unfair dismissal protection, statutory maternity pay, and redundancy pay. A worker is entitled to some rights — national minimum wage, holiday pay, rest breaks, and protection from discrimination — but not others. The difference often comes down to how much control the employer has, whether the person can send a substitute, and how integrated they are into the organisation. If you are unsure, the ACAS helpline can help: 0300 123 1100.
Can my employer change my contract without telling me?▾
No. Your employer cannot unilaterally change the terms of your contract. Material changes to pay, hours, duties, or location require your agreement. If your employer imposes a change without agreement, they are technically in breach of contract. In practice, they may dismiss and re-engage on the new terms — this is legally possible but must follow a fair process. If you face this situation, contact ACAS on 0300 123 1100.
Do I have employment rights if I'm on a zero-hours contract?▾
Yes, but which rights depends on your status. Zero-hours contract workers are typically classified as workers rather than employees. That means you are entitled to national minimum wage, holiday pay for hours worked, and rest breaks — but not statutory maternity pay, redundancy pay, or unfair dismissal protection (unless you also meet the definition of employee in practice). Zero-hours contracts cannot legally stop you from working for another employer — exclusivity clauses in zero-hours contracts are unenforceable.
What is constructive dismissal?▾
Constructive dismissal is when your employer's conduct is so serious — typically a fundamental breach of your contract — that you feel forced to resign. Common examples include a significant cut in pay without agreement, being bullied and the employer doing nothing about it, or being asked to carry out tasks that put your safety at risk. You can then bring an unfair dismissal claim as if you were dismissed. You need at least two years' employment to claim constructive dismissal (unless it relates to an automatically unfair reason). These cases are complex — get advice from ACAS first.
How long do I have to make an employment tribunal claim?▾
Most claims must be submitted within three months less one day of the act you're complaining about. For unfair dismissal, that is usually three months from the date your employment ended. ACAS early conciliation pauses the clock while conciliation is attempted — your time limit is extended by the time the conciliation process takes. Do not leave it late.
Can I be dismissed while on sick leave?▾
Yes, an employer can dismiss you while you are on sick leave, but they must follow a fair process. This typically means holding absence review meetings, getting medical evidence, considering whether reasonable adjustments could help you return, and giving you the opportunity to respond. If your illness is a disability under the Equality Act 2010, the employer has additional obligations. Dismissal during sick leave without following due process may be unfair dismissal or disability discrimination. Contact ACAS if you are facing this situation.
What happens if my employer doesn't follow the ACAS Code?▾
If your employer fails to follow the ACAS Code of Practice on disciplinary and grievance procedures, an employment tribunal can increase any compensation it awards to you by up to 25%. The Code is not law, but tribunals are required to take it into account. This applies to dismissals, grievances, and disciplinary proceedings. Equally, if you as an employee unreasonably fail to follow the Code, your compensation can be reduced.
Am I entitled to a written contract?▾
Yes. Since April 2020, all employees and workers have been entitled to a written statement of employment particulars — the key terms of their employment — from their first day. This must include pay, hours, holiday entitlement, and notice periods among other things. If your employer has not provided one, you can raise a grievance. A tribunal can award compensation if an employer fails to provide a written statement.
What counts as discrimination at work?▾
The Equality Act 2010 protects workers and 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. Discrimination can be direct (treating you less favourably because of a characteristic) or indirect (a rule or practice that disproportionately disadvantages people with a certain characteristic). Harassment and victimisation are also unlawful. These protections apply from day one — there is no qualifying period.
Do agency workers have the same rights as employees?▾
After 12 weeks in the same role with the same hirer, agency workers become entitled to equal treatment on basic pay and working conditions — the same pay and conditions they would have received if hired directly by the hirer from day one. Before the 12-week mark, they are entitled to worker rights including minimum wage, holiday pay, and rest breaks. Agency workers do not have employee status and are generally not entitled to unfair dismissal protection or statutory maternity pay from the agency.
Explore related pages
- →National minimum wage and living wageCurrent rates, who's entitled, and what to do if you're being underpaid
- →RedundancyStatutory redundancy pay, consultation rights, and sham redundancy signals
- →Unfair dismissalThe 2-year rule, automatically unfair reasons, and the ACAS process
- →Statutory sick paySSP rates, waiting days, fit notes, and what to do if your employer won't pay
- →Holiday entitlement5.6 weeks explained, bank holidays, part-time pro-rata, and carrying over leave
- →Maternity leave and payYour rights during pregnancy and after birth — leave, pay, and returning to work
- →Paternity leave and payWhat you're entitled to as a father or partner after a birth or adoption
- →Benefits and financial supportIf you've lost your job, see our benefits guide for what you can claim
- →National Insurance contributionsEmployment status also affects your NI class and state pension entitlement