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All Rights Guides
Employment

직원으로서의 권리

Employment law in England provides extensive protection for workers and employees. From the moment you start work, you have rights regarding pay, working conditions, discrimination, and unfair dismissal. Some rights apply from day one; others require a qualifying period. Understanding these rights helps you recognise when your employer may be acting unlawfully.

Last updated: 2025-03-01

Your Rights

Right to the National Minimum Wage

All workers aged 16+ are entitled to at least the National Minimum Wage (or National Living Wage if 21+). Your employer cannot pay less, even if you agree to it. Tips and gratuities cannot count toward the minimum wage.

National Minimum Wage Act 1998; National Minimum Wage Regulations 2015

Right to an Itemised Pay Statement

You are entitled to a payslip showing your gross pay, deductions, and net pay. Since April 2019, payslips must also show hours worked for hourly-paid employees.

Employment Rights Act 1996, s.8

Right to Paid Holiday

Full-time employees are entitled to at least 5.6 weeks' (28 days') paid annual leave per year. This can include bank holidays. Part-time workers receive a pro-rata entitlement. This right cannot be replaced by extra pay except when leaving a job.

Working Time Regulations 1998, reg.13–13A

Right to Rest Breaks

If you work more than 6 hours a day, you're entitled to a 20-minute uninterrupted rest break. You're also entitled to 11 consecutive hours' rest between working days and one uninterrupted 24-hour period off per week.

Working Time Regulations 1998, regs.10–12

Protection from Unfair Dismissal

After two years' continuous service, you have the right not to be unfairly dismissed. Your employer must show a fair reason (capability, conduct, redundancy, illegality, or 'some other substantial reason') and follow a fair procedure.

Employment Rights Act 1996, s.94

Right to a Written Statement of Terms

From day one, your employer must give you a written statement of your main employment terms, including pay, hours, holiday, notice period, and job title.

Employment Rights Act 1996, s.1 (as amended by Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018)

Protection from Discrimination

It is unlawful for your employer to discriminate against you because of a 'protected characteristic': age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, or sexual orientation.

Equality Act 2010

Right to Statutory Sick Pay

If you're too ill to work, you're entitled to Statutory Sick Pay (SSP) for up to 28 weeks, provided you earn at least the lower earnings limit. Your employer pays SSP from the fourth qualifying day of illness.

Social Security Contributions and Benefits Act 1992, Part XI

Common Myths

Myth

Your employer can dismiss you for any reason in your first two years.

Reality

While unfair dismissal protection generally requires two years' service, you can still claim from day one if dismissed for an 'automatically unfair' reason (e.g. whistleblowing, pregnancy, asserting a statutory right).

Myth

Zero-hours contracts mean you have no rights.

Reality

Workers on zero-hours contracts still have rights to the minimum wage, paid holiday, rest breaks, and protection from discrimination. You cannot be required to work exclusively for one employer.

Myth

Your employer can make you work more than 48 hours a week.

Reality

Under the Working Time Regulations, you cannot be required to work more than 48 hours per week on average, unless you voluntarily sign an opt-out. You can cancel an opt-out with 7 days' notice.

What To Do

1

Check Your Employment Status

Determine whether you are an 'employee', a 'worker', or 'self-employed'. Your rights differ depending on your status. HMRC's online tool can help.

2

Keep Records

Keep copies of your contract, payslips, correspondence, and any notes of conversations with your employer. These are essential evidence if you need to make a claim.

3

Raise a Grievance

If your employer is breaching your rights, follow your workplace grievance procedure. Put your complaint in writing. This is often a required step before going to tribunal.

4

Contact ACAS

Before making an employment tribunal claim, you must notify ACAS for Early Conciliation. This is free and often resolves disputes without a hearing.

5

Make a Tribunal Claim

If conciliation fails, you have strict time limits (usually 3 months minus 1 day from the act complained of) to submit a claim to the Employment Tribunal.

Key Legislation

  • Employment Rights Act 1996
  • Equality Act 2010
  • Working Time Regulations 1998
  • National Minimum Wage Act 1998
  • Trade Union and Labour Relations (Consolidation) Act 1992

Useful Contacts

ACAS

Advisory, Conciliation and Arbitration Service — free workplace advice and dispute resolution.

Tel: 0300 123 1100

Website

Citizens Advice

Free employment rights advice.

Tel: 0800 144 8848

Website

GOV.UK Employment

Official government guidance on employment rights.

Website

Equality Advisory Support Service

Advice on discrimination issues.

Tel: 0808 800 0082