UK Employment Rights: What Your Employer Can and Cannot Do

Ever wondered if your boss can dock your pay for arriving five minutes late, force you to work through illness, or dismiss you without warning? In the UK, employment rights are evolving rapidly, especially with the Employment Rights Act 2025 (ERA) rolling out major changes from February 2026 onwards. Understanding what your employer can and cannot do empowers you to protect your job security, pay, and wellbeing.

Whether you're facing unfair treatment at work or simply want to know your rights, this guide breaks down the key rules under current UK law—including the fresh 2026 updates. We'll cover essentials like dismissal, pay, leave, discrimination, and more, with practical tips tailored for British workers.

Understanding Your Employment Contract Basics

Your employment contract is the foundation of your rights. It must be in writing (a 'written statement of employment particulars') provided on or before your first day from April 2020 rules, but now with ERA enhancements coming in 2026. Employers cannot include terms that violate statutory minimums, such as the National Minimum Wage or Working Time Regulations.

What Must Be Included

• Your name, job title, start date, and place of work.
• Pay details, hours, holiday entitlement (at least 5.6 weeks paid annually), and notice periods.
• Details on pensions, sick pay, and disciplinary/grievance procedures.

Tip: If your contract lacks these, request it in writing—employers must comply. From 2026, expect simpler trade union recognition processes, making it easier to join a union for support.

Dismissal and Redundancy: Fair vs Unfair Practices

Employers cannot dismiss you unfairly. Currently, you need two years' service for ordinary unfair dismissal claims, but from January 2027, this drops to six months, with uncapped compensation awards. Dismissals must follow a fair process: investigation, hearing, and appeal.

Automatically Unfair Dismissals

These apply from day one, no service needed:

• Pregnancy, maternity/paternity leave, or whistleblowing.
• Union membership or activities.
• Health and safety concerns or asserting statutory rights (e.g., requesting holiday).

Redundancy Rules

For collective redundancies (20+ employees), employers must consult 45 days in advance. From 6 April 2026, protective awards double to 90 days' pay per employee (up to 180 days max) for non-compliance. Fire-and-rehire tactics—dismissing to impose worse terms—face new restrictions from October 2026; such dismissals will be automatically unfair.

Actionable Advice: If facing redundancy, check for genuine selection criteria (not discriminatory). Contact Acas for early conciliation before tribunal claims—time limits extend to six months from October 2026.

Pay and Working Hours: Protecting Your Earnings

Employers cannot pay below the National Living Wage (£12.21/hour for 21+ in 2026, rising annually—check gov.uk for updates). Unlawful deductions require itemised payslips and written reasons.

Statutory Sick Pay (SSP) Changes

From April 2026, SSP removes the Lower Earnings Limit and three-day waiting period—everyone qualifies from day one if sick. Employers must pay SSP at £116.75/day (2026 rate) for up to 28 weeks.

Tips and Hours

Tipping laws tighten in October 2026, ensuring 100% of tips go to workers. Working Time Regulations cap you at 48 hours/week average (opt-out possible). Employers cannot demand unpaid overtime routinely.

Practical Tip: Track your hours via apps like Toggl. If overworked, invoke your right to rest breaks (20 mins every 6 hours).

Family Leave and Flexible Working

Day-one rights expand in 2026: Paternity Leave (1-2 weeks) and Unpaid Parental Leave from your first day. New Bereaved Partners’ Paternity Leave allows up to 52 weeks if the mother dies within the child's first year (6 April 2026).

Key Entitlements

Leave Type	Duration	Pay	Notice
Maternity	52 weeks	Statutory Maternity Pay (90% first 6 weeks, then £187.18/week)	15 weeks pre-due date
Paternity (2026+)	1-2 weeks	£187.18/week or 92% average pay	15 weeks notice
Shared Parental	Up to 50 weeks	Statutory rate	8 weeks

Flexible working requests (day-one right since 2024) must be considered reasonably from day one.

Discrimination, Harassment, and Health

Under the Equality Act 2010, employers cannot discriminate based on protected characteristics: age, disability, gender, race, etc. From October 2026, they must take all reasonable steps to prevent sexual harassment, including third-party (e.g., clients). Whistleblowing protections strengthen for sexual harassment reports (April 2026).

Menopause and Equality

Voluntary action plans on gender equality and menopause support start April 2026, with gov.uk guidance. Employers ignoring disability-related menopause symptoms risk claims.

Tip: Keep records of incidents. Report to HR first, then Acas or tribunal.

Trade Unions and Collective Rights

From February 2026, trade unions gain easier industrial action ballots (12-month validity, 10-day notice). Employers must inform workers of union rights (October 2026) and allow union access. Protection against dismissal for striking extends fully.

New Enforcement: Fair Work Agency

Launching 7 April 2026, this agency simplifies upholding rights, supporting compliance for businesses and workers.

Next Steps to Protect Your Rights

Review your contract against gov.uk checklists. Join a union like Unite or Unison for free advice. If issues arise, contact Acas (0300 123 1100) within three months—or six from late 2026. Stay updated via business.gov.uk for 2026 changes, and keep records of everything. Knowledge is your best defence—use these rights to build a fairer work life.